The Cesspool of Government Ethics: Louisiana Edition

 

Comparing ethics to Ms. Jones' position is apples to Oranges...

Comparing ethics to Ms. Jones’ position is apples to Oranges…

Are government ethics at all levels really getting worse, or is it just that we have more and easier access to the evidence than we used to? I hope it’s the latter. I fear it’s the former. Certainly I have never seen anything as disgusting as San Diego Mayor Filner’s determination to stay in office as evidence mounts that he is a serial sexual harasser and a menace to any woman who is unfortunate enough to come within arm’s reach. Despite the fact that the number of women coming forward to accuse him has reached eleven (actually I haven’t checked since last night…it’s probably more by now), and despite polls that show that two-thirds of the city’s voters think he should resign ( the other third are Democrats, which should, but won’t, cause some critical self-examination by the party that claims to be on the right side in “the war against women”), Filner refuses to do the honorable thing, and instead will force the city to spend millions on a recall.

The carnivals of the shameless in San Diego and New York have been keeping less spectacular but equally troubling tales elsewhere from getting proper attention. In Louisiana, for example, where ethics has always meant something other than, well, ethics, we have this  sequence of events.

Orange Jones is the executive director for the New Orleans chapter of  Teach For America. Which she was elected to the state Board of Elementary and Secondary Education, the state’s Ethics Board chose to declare, in opposition to the recommendation of its own attorneys, that the obvious conflict of interest—Teach For America bids on state teaching contracts, which are awarded by the board—wasn’t one, on the disingenuous theory that Jones was only the head of the city’s Teach For America operations, not the whole state’s. Continue reading

Bad Neighbor, Uncivil Citizen and Christmas Jerk, But Sarah Childs Knows Her Rights!

christmasfinger

Sarah Childs decided to give her neighbors a bird that wasn’t mentioned in “The Twelve Days of Christmas.” The neighbors, for some reason, weren’t charmed, and in response to their complaints, police ordered Sarah to turn off the lights.

But U.S. District Judge James Brady granted  Childs’ request for a temporary restraining order blocking the City of Denham Springs in Louisiana from interfering with her  vulgar Christmas display on the roof of her house, giving a large, bright, middle finger to everyone within sight.  Marjorie R. Esman, the Executive Director of ACLU of Louisiana rejoiced, “This is a victory for the First Amendment and for the rule of law. We are gratified that Ms. Childs can express herself as the law permits without further risk of interference by the police.”

Yup, the First Amendment allows Sarah Childs to be an uncivil and intentionally offensive jerk, and to flip off her neighborhood with a Christmas flair. “Peace on Earth, and Up Yours! ” A better example of how conduct can be legal, Constitutionally protected, and completely, utterly, wrong would be hard to find. Apparently Childs was angry at her neighbors over an ongoing dispute, and this was her kind, polite, classy, Christmas-y way of handling the situation.

It is times like these that one really, really wishes there was a Santa Claus, so he could leave something appropriately disgusting in a deserving stocking.

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Pointer, Graphic: Volokh Conspiracy

Facts: Louisiana ACLU 1, Louisiana ACLU 2

One For The “Innocent Until Proven Guilty” Crowd

Stop scaring my dog!

A commenter recently pulled out the hoary and almost always misused “innocent until proven guilty” line, which reliably makes me scream, frightening the dog and the neighbors. Thus I was happy to see this September 28 ruling by the Louisiana Supreme Court, which found that Philip Pilie, a 2007 University of Georgia School of Law  who passed the bar examination in 2009, lacked the character and fitness to be admitted to practice in the state, despite the fact that he was not convicted of the crime that resulted in his disqualification.

Why? Because he did it, that’s why. Pilie contacted what he thought was a 15-year-old girl online and arranged to have sex. She was, unfortunately for Pilie, really a big, hairy, middle-aged man looking for predators who like to have sex with under-age girls. Pilie  was arrested at the planned rendezvous and charged with two  felonies,  computer-aided solicitation of a minor and attempted indecent behavior with a minor.

Pilie negotiated a deal with the district attorney to avoid prosecution. He completed a pre-trial diversion program including counseling, and all charges  were dropped. Pilie took and passed the bar exam, but was informed  in March 2009 that he lacked the character and fitness for admission to practice, because he trolled on computers for young girls to have sex with, by his own admission. His appeal to Louisiana’s highest court failed, twice.

In the latest decision, the court said that Pilie’s lack of a criminal conviction made no difference in its reasoning. “Had petitioner been a practicing attorney at the time of his misconduct, it is very likely he would have been permanently disbarred,” it wrote. “Given this fact, we can conceive of no circumstance under which we would ever admit petitioner to the practice of law.” Pilie was permanently barred from ever again seeking admission, without ever being “convicted in a court of law.” Continue reading

Comment of the Day: “The Atheist, the Graduation, and the Prayer”

Tgt, the Ethics Alarms resident atheist, backs graduating high school senior Damon Fowler, voting for “hero” rather than the jerk-in-training assessment of my original posts on the topic, to be found here and here.

“I think impeding the encroachment of religion into schools is important, especially when it is unpopular to do so. While Damon is not actually hurt from school backed prayer, some of the other listeners will be: anyone who gets the impression that the school and government back Christianity, anyone who feels they must believe to fit in.

“The danger in this prayer isn’t that Damon will be hurt or his rights violated. The danger is to the weaker people unwilling or unable to stand up against this behavior. The danger is to the children not yet graduated, that they will learn in an environment that sees a place for superstition and pandering at a ceremony that should be celebratory.”

More on “The Atheist, the Graduation, and the Prayer”

Damon Fowler, School Adminstrator-In-Training?

Either by design, bias, or because I was not sufficiently clear (always a distinct possibility), a lot of readers seem to have misunderstood the central principle in my post about Damon Fowler, the Louisiana high school senior who singled-handedly bluffed his school out of including a prayer in his graduation ceremonies. Let me clarify.

The post is only incidentally about atheism vs. religion. The ethical issue arose in that context, but it just as easily could have been raised in other circumstances. The ethical values involved here were prudence, tolerance, self-restraint, proportionality, consideration, generosity, and empathy. Fowler’s actions assumed that preventing what he believed was a violation of the Constitution’s prohibition on the government favoring one religious belief over another justified ignoring all of these. They don’t, and the same conclusion applies whether we are discussing a technical legal violation, a breaching of organizational rules, or personal misconduct.

Anyone who reads Ethics Alarms knows that I believe that the culture only becomes and stays ethical if all its participants accept the responsibility of flagging and, when necessary, condemning and stopping harmful societal conduct, as well as unethical personal conduct that will be toxic to society if it becomes the norm. Nevertheless, society becomes oppressive and intolerable if every single misstep, offense, violation, possible violation, arguable violation or mistaken judgment is cause for confrontation, conflict and policing, without regard for context and consequences. Indeed, much of the challenge in ethical analysis involves deciding what kind of misconduct matters, even once the question of whether something is misconduct has been settled. Continue reading

The Atheist, the Graduation, and the Prayer

Is an atheist high school student who single-handedly blocks his school from having a prayer at graduation a hero or a jerk?

Well, neither. He’s a high school student. But he’s growing up to be a jerk. Perhaps even… a fick!

Pray for him….no, wait. Scratch that.

Here’s the story in Damon Fowler’s own words:

 “My graduation from high school is this Friday. I live in the Bible Belt of the United States. The school was going to perform a prayer at graduation, but due to me sending the superintendent an email stating it was against Louisiana state law and that I would be forced to contact the ACLU if they ignored me, they ceased it. The school backed down, but that’s when the shitstorm rolled in. Everyone is trying to get it back in the ceremony now. I’m not worried about it, but everyone hates me… kind of worried about attending graduation now. It’s attracted more hostility than I thought.

  “My reasoning behind it is that it’s emotionally stressing on anyone who isn’t Christian. No one else wanted to stand up for their constitutional right of having freedom of and FROM religion. I was also hoping to encourage other atheists to come out and be heard. I’m one of maybe three atheists in this town that I currently know of. One of the others is afraid to come out of the (atheist) closet. Continue reading

Accountability Lessons, Oil Spill Ethics, and Obama’s Leadership Failure

President Obama has shown his inexperience and unfamiliarity with executive leadership ethics in many ways since he took office, but none are likely to be more damaging than his unease with accountability. He had better learn fast.

It is not surprising that so many mayors lose their jobs as the result of blizzards. Budget limitations guarantee that a city’s snow removal capabilities are set to the most likely levels of snowfall and not the extraordinary, once-in-a-decade event, yet when that once-in-a-decade event arrives, it will not do for the mayor to blame the budget or the weather or the City Council or the lack of a magic wand. The public doesn’t want to hear any of that: they want to be able to drive to work. They want the leader to fix the problem, because that’s what leaders are supposed to do. If a leader can’t fix the problem, he had better look as if he is doing everything possible and impossible to try. And he had better make it clear that he understands and accepts that it is his job. Continue reading

Landrieu’s Pay-off: Ethical and Playing by the Rules

[Like you, I am thoroughly tired of seeing Claude Rains’ Capt. Renault quoted in these situations, but sometimes his famous “Casablanca” line is too apt to resist. This is such a time.]

Pundits are “shocked—shocked!” that Louisiana Senator Mary Landrieu traded her vote to allow debate on the health care bill for $100 million dollars of earmarked funds for Medicaid subsidies in her state. Fox demagogue/clown Glenn Beck called Landrieu a prostitute and a hooker. Time Magazine columnist Mark Halperin accompanied his condemnation of Landrieu with a disgusting photoshopped picture of the Senator sporting the infamous semen-hair gel ‘do from the raunchy comedy, “What About Mary?” The deal was widely called a bribe by indignant bloggers, angry conservatives, and even some liberals. Continue reading