Perhaps The Strangest Unethical Prosecutor Story Yet


I have written about over-zealous prosecutors and incompetent prosecutors. I have written about a prosecutor who moonlighted as a dominatrix and another who moonlighted as an NFL cheerleader; a prosecutor who helped his drug-dealing prepare nickel bags, and a prosecutor who faked sleeping during trials to distract the jury from a defense attorney’s closing argument. However, I never thought I would see this.

Greg Shore, the first assistant district attorney in Bucks County, Pennsylvania, not only moonlighted as a delivery driver for the online food ordering company DoorDash, he did so during his work hours as a prosecutor. As in, “I’m sorry, I can’t work on my closing argument right now, I have to get this Chinese food order across town, stat.” Or “Hey, thanks for the barbecue delivery–wait! Aren’t you the guy prosecuting the man who raped my wife?

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Does The Naked Teacher Principle Apply To A Porn Star Teacher Whose Students Don’t Know What Porn Is?

The Ethics Alarms Naked Teacher Principle states:

A secondary school teacher or administrator (or other role model for children) who allows pictures of himself or herself to be widely publicized, as on the web, showing the teacher naked or engaging in sexually provocative poses, cannot complain when he or she is dismissed by the school as a result.

Various discussions  f the NTP can be found here. [The original post on the topic is on the old Ethics Scoreboard, which is down at the moment thanks to an incompetent web hosting operation. It will be back soon, or there will be blood….]

Now we have the borderline case of a kindergarten teacher—that’s primary school, not secondary school—who is a proud porn performer as a second occupation.

Nina Skye is a preschool teacher at a religious school in Los Angeles and decided to go public—with Fox News, of all places—with her secret double life moonlighting in the adult film industry.

“I love teaching. I love sex. If I can get away with doing both, then I will,” Nina says. “I know what I’m doing when it comes to teaching, I’m a really good teacher.”  On the other hand, “It’s easy money. For my very first scene, I just did a regular boy on girl and I got paid $2,500 on the spot.”

Skye’s explanation about why she is revealing her passion at the risk of her teaching? “I guess some people are really tied by that moral code, ” she says.  “There’s a really big stigma associated with it, and how our society views it, but that’s not how I am… I’m really open-minded. Super open-minded and not judgemental.” Continue reading

The Dominatrix Lawyer Principle?

"Your witness, Counsellor."

Alisha Smith, 36, by day a lawyer in the state Attorney General’s Office specializing in prosecuting securities fraud, prowls the night as “Alisha Spark,” a dominatrix who performs at S&M events for pay. So reports an expose in the New York Post. At a recent S&M event, Alisha posed for photos with fellow fetishists, wearing a skin-tight, see-through latex dress with heart-shaped pasties.“They pay her to go to the events. She dominates people, restrains them and whips them,” the Post’s source said.

Yesterday, the Attorney General removed Smith from her duties. “The employee has been suspended without pay, effective immediately, pending an internal investigation,” said a spokesman for state Attorney General Eric Schneiderman. The lawyer-dominatrix’s punishment, which will may eventually involve dismissal, will undoubtedly be based on a standing executive order in the Attorney General’s Office that requires employees to “obtain prior approval from the [Employment Conduct Committee] before engaging in any outside pursuit … from which more than $1,000 will be received or is anticipated to be received.”

Whipping enthusiastic S&M lovers pays a lot better than that.

She should be dismissed anyway. Her activities breach no legal ethics rules, but as a representative of the state, the Attorney General and the justice system, “Alisha Spark” was obligated conduct herself in a manner that did not undermine the system’s dignity or call the competence of the Attorney General’s Office into question. Even if she had been whipping leather-clad, squealing men free of charge, she was still duty-bound to keep her kinky escapades secret and private, because once they became public, if they did, they would harm her ability to do her legal job. Would a jury be as likely to accept an argument from a prosecutor who had pictures circulating the internet showing her whipping up fun in her alternate profession while dressed like Cat Woman? Maybe, but no sane Attorney General would want to take that chance.

Kinky though she may be, Smith is apparently good at her day job. If the Attorney General  believes that his office won’t be tangibly impeded by her continued employment in a legal role that doesn’t require a high profile or courtroom duty, then it would make sense to keep her on. Otherwise, it is the Naked Teacher Principle again, under the rare sub-category labeled “Dominatrix Lawyers.”

Ethics Dunce: Colorado Secretary of State Scott Gesslar

Less than a week after taking office, attorney Scott Gessler, Colorado’s newly elected  Secretary of State, announced that he plans to keep working part-time as an attorney for his law firm, the Hackstaff Law Group. In an interview with the Denver Business Journal, Gessler acknowledged that his plan to moonlight as a contract attorney raised ethical issues, but he needed the money.

Well that’s certainly an encouraging ethics orientation! Continue reading