There’s nothing much lower and making your iconic ,84 year old, women’s rights advocate on the Supreme Court look like she’s breached multiple judicial ethics rules, but the Democratic Senatorial Campaign Committee (DSCC) is up to the challenge, A current DSCC fundraising letter, forwarded to me by a friend, does this AND lies to its supporters in the interest of separating them from their money.
No, Justice Ruth Bader Ginsberg” does not “have a powerful message” about this topic. She made that statement more than 20 years ago, before she was “Justice Ginsberg,” when she told Senators that.
I assume that Justice Ginsberg neither gave her permission to be misrepresented in this fraudulent manner, nor knew the DSCC was planning on making her a party to a scam. She’s old, but she’s not THAT old. Continue reading →
I don’t know why I’m celebrating a weekend: in a home business, there are no weekends…Maybe I’ll just celebrate the flowers that bloom in the Spring!
1. Poll: The firing of Mary Bubala. As you may know, the mayor of Baltimore got caught red-handed in a self-dealing scheme, tried to take a leave of absence instead of resigning (thus preserving her salary), and finally had to resign anyway. Discussing the events on the air on Baltimore TV channel WJZ, news anchor Bubala asked Loyola University Maryland Professor Karsonya Wise Whitehead,
“We’ve had three female, African-American mayors in a row.They were all passionate public servants. Two resigned, though. Is this a signal that a different kind of leadership is needed to move Baltimore City forward?”
Bubula is white. The station was bombarded with complaints that her question was racist, and the station quickly fired her, saying in a brief statement,
“Mary Bubala is no longer a WJZ-TV employee. The station apologizes to its viewers for her remarks.”
Well-respected conservative pundit Mark Tapscott called this “newsroom fascism,” writing, “I’ve never met now-former Baltimore TV local news anchor Mary Bubala, but I am outraged as an American and a journalist over her firing for a question that clearly wasn’t remotely related to the fact the city’s two most recent (corrupt) mayors were both Black and women.”
I would have fired her. There are two good reasons. First, the question sure sounds like “After three female black mayors who have either been corrupt or unsuccessful, do you think a white man might be worth a try?” to me. What else could it mean? Do you think it might be time to elect a GOOD mayor? Why mention their race and gender at all if it isn’t part of the question? Second, if the question wasn’t racist, she should be fired because she’s too inarticulate to have that job.
Tapscott concludes, “Either this …ends or liberty isn’t long for anybody in this country except those with approved opinions.”
1. Notre Dame fire ethics: Michael West, whose rare (of late) comments are valued as pearls, offered a proposed poll regarding the proper response to the destruction of the ancient cathedral’s spire. Here it is, with a few tweaks from me:
At the risk of tainting the voting, I have a pretty strong opinion about this. The structure should be left as it is. Did they repair the Great Sphinx’s nose? Did they cover up the crack in the Liberty Bell? Once a part of an ancient structure or monument us gone, it’s gone. Replacements and restorations are ersatz and deceptive. The fire is part of the cathedral’s history, and what remains should reflect it. There are far better—and more ethical– uses for the many millions it will take to restore the spire.
2. Thanks for all the kind comments in light of Ethics Alarms hitting two major milestones on the same day. In commemoration, the blog will launch a new series, Ethics Alarms Retrospective (EAR), focusing on one or more of the 10,000+ posts I have immodestly placed here, most of which even I have forgotten.
For the first installment of EAR, I offer “The Unethical Humiliation of Sister Rita X”from August 10, 2010. The topic was Sean Hannity’s practice of allowing clearly deranged progressives to have extended exposure on his radio call-in show, so he could engage in cheap mockery with the implication that they are representative of the Left generally. The comments are especially fascinating, almost all of which were Hannity fans who concocted all manner of distortions and rationalizations to justify what was the equivalent of exploiting the mentally ill for laughs. Comment highlight? This:
Again- I don’t expect you to respond- because you already said you would cut this conversation off. Again- typical lib. And I have facts. What have you got besides a hollow ideology and kool aid?
That’s me, all right: a typical lib! By the way, that (minor) post was shared 4 times on Facebook, where as the last several hundred or so have received none.Continue reading →
But perhaps a potential Democratic Presidential candidate…or Virginia Lieutenant Governor maybe?
Judge Scott Gallina of Asotin County in Washington was arrested at the courthouse last week and charged with second-degree rape. He was also charged with fourth-degree assault with sexual motivation and indecent liberties, as described by a press release by Washington’s attorney general.
Eleven women claim that Gallina subjected them to varying degrees of sexual misconduct including unwanted touching and inappropriate comments. The women even adopted a buddy system so that no one would risk being alone with the judge in his chambers.
The rape charge involves a woman who told investigators that she didn’t report Gallina’s alleged conduct because she feared she wouldn’t be believed. She did complain to Judge Gallina, who said he “could not help it because he liked beautiful women.”
1. Thank goodness judges don’t bake cakes…the American Bar Association’s Standing Committee on Ethics and Professional Responsibility have issued Formal Opinion 485. It holds that judges who perform marriages, either as an obligation of their office or by choice, may not refuse to do so for same-sex couples. The opinion emphasizes that regardless of their backgrounds, personal views or philosophies, judges must follow the law and act impartially, free from bias or prejudice.
I’d say the opinion is unassailable for a judge who regularly performs marriages as a mandatory part of his or her job. A judge who is not so required, presumably, can choose not to perform any marriages at all. I bet some judge will challenge the proposition, however, that a religion-based refusal to perform an optional civil wedding is per se “bias or prejudice.” [Source: Legal Ethics in Motion]
2. Welcome to my world...This week I am doing several ethics programs, one of which (not in legal ethics) I have presented over many years. Last year, I was told that the 2 hour program I had been presenting to the group only needed to be 90 minutes, so the materials I prepared and submitted indeed covered that amount of time, as did my presentation. This year, I again prepared for 90 minutes. Now, looking at the conference’s two-day program, I see that my seminar is listed in the program as two hours again. That’s a mistake, but it’s too late to correct it: the attendees plan on getting professional credit. So what is my most ethical response? I could…a) stretch the material to two hours, but that’s a 30 minute stretch. b) At my own expense, create an additional 30 minutes of material, copy the materials, distribute them, and never mention that the conference manager, my long-time contact, screwed up. c) Use this crisis as leverage to negotiate a supplement to my fee for the necessary upgrade. d) End after 90 minutes, tell the attendees why, and suggest that they take up the matter of the missing credit with the conference organizers. e) Do the upgrade, present it, and then bill the conference for my time. Continue reading →
I’m heading to San Diego tomorrow to talk about “Five Looming Ethics Issues for Lawyers and Their Corporate Clients” to a group of over 600 lawyers. THEY don’t think my analyses of ethics issues violate community standards…okay. I admit it, I’m getting paranoid. Despite a lot of, I humbly believe, useful, timely and well-presented content, the weekend traffic was terrible, and comments were sparse, if excellent. This year, so far, is lagging behind last year, which seriously trailed the year before. What’s going on here? Has Google secretly joined Facebook in its efforts to keep the posts here from reaching an audience? Of could it be that I just suck? Maybe Donald Trump really has killed all belief in ethics…that’s the ticket! Blame the President!
1. Pettiness and vindictiveness vanquished. Good. The Judicial Council of the 10th U.S. Court of Appeals has affirmed its December decision to reject 83 ethics complaints against Justice Brett Kavanaugh, all filed by bitter partisans who are determined to hurt the newest Justice because the Democrats’ slimy and unethical ambush tactics failed, as they should have. In a 6-1 decision, the judicial council affirmed its earlier finding that the federal law governing misconduct complaints against federal judges does not apply to justices on the U.S. Supreme Court. Many of the complaints filed against Kavanaugh argued he had made false statements under oath during hearings on his nominations to the U.S. Court of Appeals for the D.C. Circuit in 2004 and 2006 and to the U.S. Supreme Court last year—you know, like having an innocent recollection of what “boof” meant in his completely irrelevant high school year book. Other complaints accused Kavanaugh of making inappropriate partisan statements in his inappropriately partisan hearings, or claimed he treated members of the Senate Judiciary Committee with disrespect, or as I would put it, the disrespect they deserved for attempting to smear his good name and reputation through demagoguery and calls to reject the presumption of innocence.
Let me remind everyone that Ruth Bader Ginsberg, in her confirmation hearings, stated under oath that she had no pre-formed opinions that would affect her objectivity in abortion cases. Nobody filed any ethics complaints. Continue reading →
Any week that starts off with John Belushi’s immortal reflections on March just has to be a good week.
1. Connecticut: Judicial ethics and guns. Anti-gun fanatics are cheering this week’s ruling by the Connecticut Supreme Court reversing a lower court judge dismissing a lawsuit by the families of victims of the Sandy Hook shooting against Remington Arms Company, allowing the case to proceed. In the 4-3 decision the court possibly created a path that other mass shooting victims can follow to get around the federal Protection of Lawful Commerce in Arms Act, known as PLCAA, which has protected the manufacturers of the AR-15 assault rifle from lawsuits, thus setting the stage for a sensational “Runaway Jury”-type trial. The court’s reasoning is that the Sandy Hook families should have the opportunity to prove that Remington violated the Connecticut Unfair Trade Practices Act (CUTPA) by marketing what it knew was a weapon designed for military use to civilians. The problem is that the ruling ignores the law, as John Hinderaker explains (but he’s not the only analyst trashing the decision):
“Firearms of all kinds have been ‘designed for military use.’,” he writes. “The 1911, designed by John Browning, was the standard U.S. military pistol for many years and remains one of the most popular pistol designs today. So what? There is no such exception in the Second Amendment…Under the Supremacy Clause, federal law will govern over state law. The Protection of Lawful Commerce in Arms Act is intended to avoid precisely the result reached by the Connecticut Supreme Court. The PLCAA puts firearms manufacturers on the same plane with all others. If their products are not defective–if they do not malfunction–they are not liable. If someone stabs a victim to death with a knife, the victim’s heirs can’t sue the knife manufacturer. It is the same with firearms.”
Hinderaker correctly concludes that significance of the ruling is not that it opens a road for the Second Amendment to be constrained, or for ruinous liability to applied to gun-makers, but that it shows how courts will deliberately ignore the law to reach political goals. Continue reading →