judgment

Bleary-Eyed Morning Ethics Warm-Up, 6/21/2019: The Child Endangerment Follies

/ Jack Marshall / 12 Comments

Abby Sunderland, now and then.

Not awake, don’t expect to be awake…

…any time soon.

1. Where have I been? Yesterday’s 16 hour marathon for the D.C. bar, followed by another three hours bright and early this morning, pretty much have me operating with one-half of my brain tied behind my back while functioning like a lesser Kardashian with a closed head injury. That I got through it all relatively intact is all due to the Ethical Arts Players, my team of brilliant actors who frequently enhance ProEthics programs—in this case, Esther Covington, David Elias and Chris Davenport, who played 10 comic characters in the ethics training video we were shooting, and Paul Morella, who has been portraying Clarence Darrow with me for almost two decades. It was long day and an exhausting day, but thanks to them, a very proud day for ProEthics.

2. Terrific open forum, everyone, and once again, thanks.

3. On child exploitation...Since you asked about my view of children setting “youngest” records doing dangerous things: the opening thread on the forum was sparked Keith Walkers comment,

Yesterday on the Today Show there was a feature on a 10-year-old who just became the youngest person to ever successfully climb El Capitan. I immediately thought of Jack and this blog, wondering what he would think of the parents’ decision to let this happen, since someone who is 10 is clearly too young to understand the potentially deadly ramifications of failure. Several friends agreed with my leanings toward “what on Earth were the parents thinking??”, but some made some good points the other way as well. (The parents were well-trained climbers, were with her the entire climb, clearly professionals, etc. – the girl was surrounded with experience, if that makes a difference in your opinion.)

As several commenters knew or guessed, my position on this kind of thing is fixed, and I have expressed it many times. Like… Continue reading →

Fake Nudes

/ Jack Marshall / 32 Comments

Rep. Octavio-Cortez tweeted this morning, “For those out of the loop, Republicans began to circulate a fake nude photo of me. The @DailyCaller reposted it (!) and refused to indicate it was fake in the title as well.”

Here is the “fake nude photo”…

How long will it take before nobody believes anything this silly woman says, or trusts in her judgment regarding anything? How much common sense and judgment does it take to realize that trying to insinuate a scandal based on describing an image of someone’s feet as “a nude photo” guarantees ridicule and diminished respect?

Whatever amount it is, it appears that the young Congresswoman is grievously short.

 

Ethics Quiz: The Neglectful Mom

/ Jack Marshall / 55 Comments

An upstate New York mother allowed her 10-year-old child to shop alone at the LEGO store as she shopped at a different store in the same mall. It appears that the LEGO store’s personnel called the mall’s security, and the child’s mother was arrested and charged with endangering the welfare of a child. The store does have a sign that states that children under the age of 12 must be accompanied by an adult.

Arresting the mother is obviously absurd over-kill. Obviously also, the LEGO store has a right to have whatever policy it chooses regarding unaccompanied children. However the question remains, and is the Ethics Alarms Ethics Quiz of the Day…

Is it irresponsible for a mother to allow her 10-year-old to shop alone if the mother is shopping in the same mall?

Related questions as you ponder: Continue reading →

Let Us Not Allow Pity And Compassion To Obscure The Ethics Lesson Of The Otto Wambier Tragedy

/ Jack Marshall / 44 Comments

Young Otto Warmbier  is back from North Korea, where he had been a prisoner since 2015. The a 22-year-old University of Virginia student was finally returned from the Communist dictatorship in a coma, suffering from “extensive loss of brain tissue in all regions of his brain.” Doctors believe he had sustained his catastrophic brain injury sometime before April 2016.

His heartbroken parents are condemning North Korea and praising the Trump administration, which finally obtained his release. Someone, however, needs to make the crucial point that Otto’s fate was directly due to his own recklessness and bad judgment in engaging in conduct that frequently results in disaster, as well as international tensions and needless cost to U.S. taxpayers.

Otto signed up for a five-day tour of North Korea with  Young Pioneer Tours,  a Chinese company that advertises “budget travel to destinations your mother would rather you stayed away from.” There is a good reason your mother—and your father, and the U.S. State Department—would rather you stayed away from North Korea. The place is a hell-hole run by a power-mad lunatic, and it is not safe. Nobody put a gun to Otto Warmbier’s head and kidnapped him: he decided on his own to defy his government’s warnings, recent history and the sense god gave puppies to deliberately place himself in harm’s way, knowing that many, many similarly misguided citizens have become prisoners, propaganda tools,  pawns or worse because they willfully placed themselves in similar peril as the people who decide to climb into tiger or lion enclosures at zoos.

Warmbier left on his “tour” in December , 2015. He would have had a chance to see “Bridge of Spies” by then: I wonder if he did. You will recall that the history-based plot involved am American student named Fred Pryor, who is one now a renowned comparative economists. Then, however, he was a graduate student in West Berlin who decided it would be a dandy idea to pass through the half-completed Berlin Wall in August, 1961 to attend a lecture and give a copy of his dissertation  to an East Berlin economics professor.  We know he’s a smart guy, but one would think that the fact that the East German government was in the process of sealing in its citizens as prisoners might have alerted him that this was not the time to go visiting.

Sure enough, Pryor was arrested, thrown in jail, and became a bargaining chip in the U-2/Gary Powers/Rudolph Abel negotiations. Had Otto Warmbier seen the film (which Pryor says misrepresents his part of the story), I would think he would  have been a bit more resistant to a sales pitch that said, “This is a great time to visit beautiful North Korea!” Indeed, being 22, presumably literate and of sound mind,  he should have had the knowledge and sense of self-preservation to resist that sales pitch even  if he had never seen any movie in his whole life. Continue reading →

Incompetent Elected Official Of The Month: Rep. Devin Nunes (R-CA)

/ Jack Marshall / 23 Comments

Usually the “Incompetent Elected Official” category comes down to some variety of a conclusion that can be summed up by the sturdy phrase, “What an idiot.”  This one is worse than that.

Representative Devin Nunes is chairman of the House committee investigating Russian interference in the Presidential election. This involves intelligence, investigations and secrets that are necessarily a matter of discretion until a final report can be released. No investigation can proceed in a trustworthy manner if every new shred of information becomes public, or worse, is revealed to parties who have a stake in the investigation. This has been understood by members of Congress since, oh, the first Congressional inquiry. The Constitution’s framers assumed that Congress would conduct investigations, just as as the British House of Commons did. James Wilson of Pennsylvania, Convention delegate, a future Supreme Court Justice and the Declaration of Independence signer that “1776” unjustly smears as a weenie , wrote in 1774 that House of Commons members were considered

“grand inquisitors of the realm. The proudest ministers of the proudest monarchs have trembled at their censures; and have appeared at the bar of the house, to give an account of their conduct, and ask pardon for their faults.”

During the First Congress in 1790, Robert Morris, who was the superintendent of finances during the Continental Congress and a financier of the American Revolution, asked Congress to investigate his handling of the country’s finances to clear his name of claimed improprieties. If Nunes doesn’t know the history of the legislative function he is involved in, he should.

Nunes had received intelligence that related to the President’s disputed claim that “he” (meaning who and what, it is unclear) had been wiretapped (meaning surveiled, presumably) by  “Obama” (meaning someone who reports to Obama, I’m guessing), and chose to bypass his committee members, Democrats, protocol and common sense by relaying it directly to the White House. The new information,  Nunes said, showed that American intelligence agencies monitoring foreign officials may have “incidentally” picked up communications from Trump transition team members, and thus the President’s much maligned accusation was kind-of, sort-of, bolstered.

Predictably, the President followed this good news with a tweet. Ugh.

Continue reading →

From The Ethics Alarms “What You Say Or Think In Private Is None Of Your Employer’s Business, Until It Isn’t Private Any More” Files: The Teachers’ Bar Game

/ Jack Marshall / 41 Comments

teachers-at-a-bar

Akin to the Naked Teacher Principle is what this fiasco illustrates. If you allow conversations to make their way to the web and they insult or denigrate individuals who have to trust you or work with you in your employment, you cannot complain when your name is mud and your job is toast.

Some teachers and and staff employed by the Bangor Public Schools were relaxing at a local bar, and started playing a game  called “Fuck, Marry, or Kill.” The game challenges the players to name three celebrities they would marry, have intimate relations with or kill, but the educators decided to substitute students and other teachers for the celebrities.Some the students named as desired murder victims or sex partners were special needs students. What fun!

No ethics alarms sounded. Someone made a video, nobody grabbed the phone and stomped on , and the video ended up on YouTube.

Parents were not pleased. Continue reading →

Ugh! Here’s One More Unethical Practice (Of Many) Trump Needs To Eliminate From His Repertoire, And Quickly

/ Jack Marshall / 12 Comments

trump-tweet-at-union-head-jpg

It’s pretty simple, though President Obama hasn’t figured it out in in eight years:

The President of the United States must not attack or criticize private citizens or negatively characterize their actions, nor should he interfere with local matters, criminal justice, the courts, the news media, or private businesses,  unless it is absolutely necessary, which it almost never is. This applies to his treatment of journalists, celebrities, athletes, local officials, accused criminals, military personnel, lawyers, other professionals…

…and union representatives.

Chuck Jones, the president of the local chapter of the United Steelworkers union that represents Carrier employees in Indianapolis, told The Post on Tuesday that the Trump exaggerated the number of jobs he claims to have saved, since 550 of the union’s members will lose their jobs anyway. Trump immediately sent the tweet above, directly attacking Jones by name. Shortly after the tweet, Jones says, he began getting threatening phone calls. “Nothing that says they’re gonna kill me, but, you know, ‘You better keep your eye on your kids. We know what car you drive.’ Things along those lines,” he told the Post.

I’m not surprised, but Trump’s “punching down” would be just as wrong if there was no response at all. This is an abuse of power. It is an abuse of influence. It is an abuse of office, and once he is President, it will be an abuse of the “bully pulpit.” The conduct is bullying,  as well as irresponsible, dangerous, and stupid.

I did call it, though! My post in April about Gov. Rick Scott attacking a citizen, in his case a coffee shop critic, in a campaign ad ended with this statement:

It is hard to imagine a more petty, needless, demeaning example of “punching down.” Jennings isn’t running against Scott; she is just a citizen critic, if an especially rude and nasty one. For a governor to focus an attack ad on a mere citizen is an abuse of power and position. It is ethically indefensible.

It is exactly what Donald Trump would do, though.

It is far worse for a President-Elect to punch down, of course; it’s even unethical for a Presidential candidate nobody thinks can win to do it. Trump’s pre-emptively calling Bowe Bergdahl a traitor is now a fair trial problem in the ex-prisoner of war’s court-martial. This is a terrible habit to indulge, and it opens the door to far more harmful misuses of Presidential power.  Continue reading →

Ethics Hypothetical: Rules, Compassion, Integrity, Fairness, And A Looming Race Card

/ Jack Marshall / 14 Comments

clock2

[The hypothetical is inspired by two recent events I witnessed in the past week.]

Preface: The state requires new bar admittees to take a one-day course covering the basics of practicing law in the jurisdiction—how the courts work, special procedural rules, unique aspects of local practice, horror stories, the works. They must complete the course or they can’t be certified, and the court-ordered series of lectures and presentations is held only once a month.

A company runs the mandatory curriculum under contract to the state, and is required to confirm in writing to the courts that its requirement have been fulfilled. One key requirement is that every attendee must be present for every minute of the presentations, except for brief emergencies, like using the rest rooms. The course administrators carefully monitor attendance. The published description of the course directs that once the course begins, theoretically at 9 am sharp, no late-comers will be admitted.

As you might imagine, missing the session can be quite a hardship, as participants often live and work in other jurisdictions.

The Event: It is 9:08 am on the day of the program, and the introductory video that begins the orientation is almost finished. It consists of interviews with members of the bar about the benefits of practicing in the state, the importance of ethical practice, etc: to say it is not substantive is an understatement. Literally nothing that is said and shown in the video is anything but boilerplate.

A young man, sweating profusely, bursts in the door, looking unhappy and desperate. “I’m sorry I’m sorry!” he babbles. He says that he had to drive up from a neighboring state and had an accident. “Can I still get in?” he pleads.

The male staffer responsible for the session chats briefly with an associate. The program was late starting, and this late arrival will miss nothing if he goes in now. “All right,” the honcho says as the young man heaves a sigh of relief. “I shouldn’t do this, but you haven’t missed anything.” As he goes into the auditorium, one can here the opening remarks of the first speaker, a judge. It is now 9:12 am, and another young man bursts through the door on a dead run. “My crazy cabbie’s been driving me all over the city for an hour!” he shouts. “I flew in last night from Arizona! Please, please, don’t make me do this again…I barely was able to afford this trip.” The administrator is wondering if he had seen the previous guy go into the auditorium. He’s heard this judge’s spiel many times: all that has been missed, to be honest, are a few (lame) jokes. “All right, all right, get in there quick!” he tells the new supplicant. “I’ll finish your paperwork during the break!” The kid looks like he’s going to cry, he’s so relieved.

I’m there, watching this (I’m on the program) and say to the administrator, “I bet this happens every time.” He says, “It does. I know that nobody misses anything that isn’t in the printed materials until 9:15, so it’s a hard stop after that.”

And another late arrival bursts through the door. It’s a bit after 9:14. The staffer has just told me that the final final deadline is 9:15, and it’s not that yet. This poor guy is bleeding through his pants,  has a big bruise on his face, and is saying something about a bicycle accident. By the time he gets himself settled—he is told that there is no time to clean up—it’s past 9:16. He starts toward the auditorium door as the other staffer says, “OK, that’s IT,” and starts to take the registration materials and lists away….just a very stressed young African-American woman enters, in plenty of time to see the bicycle rider, who is white, enter the auditorium. I can hear the judge through the open door. He’s still telling jokes, longer this time than usual.

Issues and Observations

1. The young woman was not admitted, and told that she had to come back another month. She too was from out of state. She also had a legitimate-sounding excuse.

  • Was that fair to her?
  • Should it have mattered that the program had not yet reached a serious stage?
  • She was told that 15 minutes was the absolute, unwaivable deadline. That was true, but it was not the deadline the company was contracted and pledged to enforce. That deadline was 9:00 am.

2. Should the explanations used by the latecomers play any part in the decision to allow them in? Why? Continue reading →

Incompetent Elected Official Of The Month: Maine Gov. Paul LePage (R)

/ Jack Marshall / 38 Comments

lePage

Those who want a glimpse into what a Donald Trump presidency would be like need look no farther than the perpetual self-created mess that is the tenure of Republican Paul LePage as governer of Maine. The New York Times recently provided a handy summary of his more recent embarrassments and attacks of absurd incivility and unprofessional behavior:

2016

April

Mr. LePage apologized after storming offstage and calling protesting students “idiots” during a public appearance.

March

Mr. LePage displayed “Wanted”-style posters aimed at environmentalist and union groups during a town meeting, saying those groups were holding the state back.

February

Mr. LePage said asylum-seekers brought disease and the “ziki-fly.” When asked to apologize at an event in June, Mr. LePage did not, and said conditions like hepatitis C and H.I.V. were on the rise in Maine. Mr. LePage also drew criticism that month for appearing to mock a Chinese businessman’s name.

That month, Mr. LePage also delivered his State of the State address in the form of a letter, breaking the tradition of giving a speech to lawmakers. He said it would be “silliness” to address lawmakers who had tried to impeach him.

January

Mr. LePage apologized for a “slip-up” after saying drug-dealers would come from out of state and “impregnate a young white girl” before leaving. The drug dealers, he said, in a comment that was widely perceived as racially charged, “are guys with the name D-Money, Smoothie, Shifty — these types of guys.”

2015

July

Mr. LePage apologized to the son of a cartoonist for The Bangor Daily News because he had told the son he would “like to shoot” his father. That comment drew criticism, with some noting its added insensitivity given the attack at the Charlie Hebdo newspaper in Paris earlier that year, although the son said he was not offended.

June

A charter school in Maine said Mr. LePage had threatened to take away its funding if it did not rescind a job offer to the House speaker, Mark Eves, a Democrat.

“The full power of the state was used to put a father of three out of a job because he was a lawmaker who disagrees with the governor on policy,” the editorial board of The Press Herald wrote.

Some Democrats called for impeachment, but an effort to investigate Mr. LePage — which would have been a precursor to impeachment in January 2016 — did not muster enough support for a vote.

May

Mr. LePage vowed to veto all Democratic-sponsored bills until the party accepted his effort to eliminate the state’s income tax. The question of whether Mr. LePage had vetoed 65 bills within the proper time frame ended up in the State Supreme Court, which found that the bills could stand as law.

2013

August

Two lawmakers, who remained anonymous, said they had heard Mr. LePage say at a fund-raiser that President Obama “hates white people.”

June Mr. LePage made a graphically lewd statement about Troy Jackson, a Democrat who was the assistant Senate majority leader at the time. He added that Mr. Jackson was a “bad person” with “no brains” and a “black heart.”

2012

July

Mr. LePage compared the Internal Revenue Service to the Gestapo in a radio address. Asked about the comment in a follow-up interview several days later, he said: “What I am trying to say is the Holocaust was a horrific crime against humanity and, frankly, I would never want to see that repeated. Maybe the I.R.S. is not quite as bad — yet.”

2011

January

Mr. LePage said leaders from the N.A.A.C.P. who had questioned his decision not to attend Martin Luther King’s Birthday events could “kiss my butt.”

2010

September

During his campaign for governor, Mr. LePage told a group of fishermen that he would tell Mr. Obama to “go to hell.”

People like LePage and Trump don’t improve over time, because they don’t learn. If they did, they would not still behave like this at such advanced ages. Thus Governor LePage recently shattered his own record for outrageous conduct, whatever it was, beginning last week.  LePage told a town hall meeting addressing the current heroin-use epidemic in Maine that most drug dealers in the state were black or Hispanic, and that he had a binder to prove it. Continue reading →

Unethical Quote Of The Week: Republican Congressional Candidate Dan Bongino

/ Jack Marshall / 17 Comments

Soap in mouth

“Marc listen, you can go fuck yourself…You’re a real disgusting piece of shit. You have no idea why I moved to Florida…Hey, shut the fuck up! Go fuck yourself, you piece of shit. You don’t know why I moved to Florida, you motherfucker fucking coward!…Fuck you, fuck yourself! Wait til I shred your fucking ass on the radio. Shut the fuck up.”

—-Dan Bongino, Florida Republican running in a Congressional primary, in a phone interview with Politico reporter Marc Caputo. Yes, he knew it was being recorded.

Stay classy, Republicans.

If you care about the context for this asinine performance, be my guest: read about it here. I don’t care if someone said that his mother slept with alpacas. His string of obscenities demonstrates a lack of respect for the public, miserable judgment, poor self-control, and the powers of expression of an under-educated pimp. Just what we need more of in Congress.

What kind of semi-civilized fool would vote for someone like this? I know, I know…the same kind of fool who would vote for Donald Trump.