Ethics Quiz: Is This A Trustworthy Lawyer?

“Your Honor! I object!”

Sarah Naughton, for 8 years a Cook County (Chicago) prosecutor, was arrested and charged after she and a male companion caused a disturbance in an adult store when they were asked to leave ( they appear to have been bombed). After banging on the windows and calling out obscenities, the two got in a tussle with the store’s employees, and Sarah allegedly bit one of them on the leg.  She also apparently pulled the infamous, “Do you know who I am?” card, to which I guess I would have answered, “Lindsay Lohan?”

Here is video of the aftermath: the prosecutor is the one wailing and insulting the officers as she sits handcuffed on the pavement.

She has been placed on administrative leave for now.

I know: we all have our bad days and nights, and some of us don’t handle liquor very well. Naughton apparently hasn’t done anything like this before; on the other hand, her conduct does not exactly burnish the reputation of Chicago Law enforcement. Your Ethics Quiz, as we head into an ethically challenging weekend (as they all are):

Does this unfortunate private behavior in this one incident show that she lacks sufficient trustworthiness and professionalism to represent the Cook County prosecutor’s office? Continue reading

Ethics Heroes: Papa Roach

Ethics Alarms’ 2011 Commenter of the Year tgt, who found this story and passed it on, asks,

“How is a horrible stoner rock band more ethical than everyone in politics?”

It’s a great, if sorrowful, question.

A.V. Club has a feature (which could be called “Start a Feud”) in which it asks a rock performer what song he or she hates, and why.  Jenn Wasner, one half of the Baltimore indie-folk duo Wye Oak (“a blend of Southern culture and Northern sensibilities…”) submitted to this invitation to get in trouble, and fingered the song in the video above, “Scars,” by Papa Roach.

Criticizing the work of other artists in the same field is unprofessional at best, gratuitously unkind and disrespectful. Papa Roach’s members would have been within their rights to fire back something less than complimentary in defense, at very least the observation that ethical musicians don’t take gratuitous shots at one another. What the band did however, was this: it sent Wasner flowers. Wasner was convinced it was some kind of diabolical trap, and tweeted as much. The band tweeted back: Continue reading

The Breast-Feeding Professor

“Uh, Captain? Captain? We really need you up in the plane, now—we’re under attack…”

This story reads as if it were invented just to cause arguments on Ethics Alarms.

Adrienne Pine, a professor at American University, was faced with a choice: stay home and care for her baby, who had a fever, or take the child to class. She chose to take the infant to the first meeting of her “Sex, Gender and Culture” course, where the child spent her lecture alternately on her mother’s back or crawling around the room, or, at one point, being breast-fed by the professor. Pine’s Full Mommy breast-feeding act was commented upon by the school newspaper, and Prof. Pine responded to inquiries by a student reporter with a dismissive, “…the baby got hungry, so I had to feed it during the lecture. End of story,” and a defensive and defiant  blog entry. She sees nothing wrong with her conduct, and regards the controversy as proof that ” a feminist anthropology course is necessary at AU.”

That’s playing the ol’ Mommy Card with gusto, Professor Pine.

She is dead wrong, as a matter of professional ethics. As a college professor,Pine has limited demands on her time, and the one thing that she is required to do is to devote full attention to her students in class. With an infant, an ill infant at that, in her care, she could not do that. She had a pure and unresolvable conflict of interest, and it was a breach of her duty to her child (at one point a student had to tell her that the baby had a paper clip in her mouth) and a breach of duty to her students (if they were watching the baby, and later that breast-feeding exhibition, they were not able to give full attention to her lecture). She had a choice to make: do one job or the other, because it is impossible to do them both at the same time. Continue reading

Ethics Quote of the Day: Rear Admiral Sean Pybus

“We do NOT advertise the nature of our work, NOR do we seek recognition for our actions. Today, we find former SEALs headlining positions in a Presidential campaign; hawking details about a mission against Enemy Number 1; and generally selling other aspects of NSW training and operations.  For an Elite Force that should be humble and disciplined for life, we are certainly not appearing to be so.”

—-Rear Admiral Sean Pybus, Commander of Naval Special Warfare Command, in a letter sent to all members of the Special Operations community telling  them to stop revealing information about their secret operations. The letter was sent out as “No Easy Day,” a Navy Seal’s unauthorized account of the raid that killed Osama bin Laden, hit the book stores.

The letter is said to be the beginning of a concerted effort by the military to discourage an accelerating trend among Navy SEALs of cashing in on their notoriety and exploits.

Good luck. When a culture based on professionalism, sacrifice, discretion and honor meets a larger culture that values none of those things as much as celebrity, publicity, personal aggrandizement and financial rewards, the results are pre-ordained, and the key word is corruption. The SEALs won’t be able to fix themselves unless they can figure out how to fix America, and compared to that, finding bin Laden was a walk in the park.

______________________________

Facts: NBC

Graphic: By Hero

Discovered: An Ethics Hero and a Theater Code of Ethics—From 1945!

The ethicist in “Singing in the Rain”

For many years, I have been attempting to persuade the local professional theater community in Washington, D.C. to develop and adopt an official Code of Ethics. I have not been successful, and it’s not surprising. Theater, indeed professional show business of all kinds, has been almost ethics-free for centuries. These are tough pursuits, and tough pursuits easily gravitate toward the Law of the Jungle—“Kill or be killed”—unless the culture makes a concerted effort to evolve in a different direction. Theater certainly has not. There a few unwritten rules in theater that could form the backbone of a useful code, such as “The show must go on!”, and there have certainly been members of the profession who are thoroughly ethical, they tend to be very successful individuals who have taken on high ideals once the need to back-stab has lessened, people who are so talented and fortunate that the need to lie and cheat never arises, or, a special category, marginally talented but hard-working and versatile professionals whose trustworthiness is their primary asset. (This last group usually fares poorly in the end.)

Not only have I been unable to interest anyone in developing a code for the theater, I have never heard of one being developed anywhere else. Until now, that is. I recently learned that Kathleen Freeman, a great character actress* who died in 2001, wrote and adopted an ethics code for a small theater company, the Circle Players, that she established in Los Angeles when she was 24 years old. Continue reading

The Ethics Of Getting Fired: Ann Curry’s Today Show Exit

“We love you, Ann!” “I hate you, Matt!”

I was going to make Ann Curry’s method of leaving the Today Show’s anchor chair an Ethics Quiz, but decided that there weren’t sufficiently compelling arguments for more than one conclusion: her farewell drama yesterday morning was unprofessional, and in her job and her industry, but also many others, professional obligations trump candor.

I will admit up front that I never liked Ann Curry, either as a news reader nor as Matt Lauer’s partner after Meridith Viera left the show. Her open-faced demeanor, which made it crystal clear with every story and interview where her own sympathies lay, was the antithesis of objective and fair reporting, regardless of the steadily increasing number of similar practitioners, like CNN’s eye-rolling, squinting, smirking morning tag-team of Soledad O’Brien and Carol Costello. Thus it was no surprise that having received the gift of being able to have an on-air good-bye and the trust of her NBC bosses to handle her farewell properly, Curry chose instead to (or perhaps it is fairer to say “couldn’t control herself sufficiently not to..”) make it obvious to viewers that she had been dumped, that she was hurt and angry about it, and that she blamed Matt Lauer, her co-host, who was widely reported to have made her ouster a condition of his new contract. The emotions Curry was wearing on her sleeve were especially glaring while Lauer was making the traditional speech about how much Curry would be missed and ended by trying to give her a show-biz hug and kiss. Curry refused to look at Lauer while he was talking, and ducked his kiss, looking for all the world like she was hugging Jerry Sandusky or someone similarly appealing. As we say in the theater in such situations: “Nice cover, Ann!” Continue reading

Just What We Needed—An Ethically Clueless Prosecutor In The George Zimmerman Case

The monkey wrench in the gears of justice is named “Angel Corey”

It was evident from her initial statement on the case, however, that an ethically clueless prosecutor is what we, and Florida, and George Zimmerman got when Angela Corey was chosen for the job. Prof. Alan Dershowitz made a quick and accurate diagnosis of her problem on cable TV, and it apparently prompted Corey, ethically clueless as she is, to settle the matter by leaving no doubt. Dershowitz reports that Corey was so enraged by his calling her unethical and incompetent affidavit of probable cause to indict Zimmerman for murder as unethical and incompetent as it was that she has threatened to sue him and Harvard University. Dershowitz reports:

“State Attorney Angela Corey, the prosecutor in the George Zimmerman case, recently called the Dean of Harvard Law School to complain about my criticism of some of her actions. She was transferred to the Office of Communications and proceeded to engage in a 40-minute rant, during which she threatened to sue Harvard Law School, to try to get me disciplined by the Bar Association and to file charges against me for libel and slander.

“She said that because I work for Harvard and am identified as a professor she had the right to sue Harvard. When the communications official explained to her that I have a right to express my opinion as “a matter of academic freedom,” and that Harvard has no control over what I say, she did not seem to understand….”

This incident indicates that Corey also does not seem to understand the First Amendment and the Constitution, which  is a serious, indeed fatal, handicap for a prosecutor. It turns out that this ridiculous conduct—-a prosecutor trying to intimidate pundits by threatening to sue a legal analyst and law professor for criticizing her handling of a high-profile case—wasn’t even an aberration for Corey. Reporter Ron Littlepage writes:

Last December when I wrote a column critical of how she handled the Cristian Fernandez case, she fired off a two-page, single-spaced letter on official state attorney letterhead hinting at lawsuits for libel.…Then there’s Corey’s spat with Sandy D’Alemberte.

D’Alemberte is a former president of the American Bar Association, a former president of Florida State University and a law professor — not too shabby in the legal credentials department. When Corey was appointed to head up the investigation into the shooting death of Trayvon Martin by George Zimmerman, D’Alemberte had this to say: “I cannot imagine a worse choice for a prosecutor to serve in the Sanford case. There is nothing in Angela Corey’s background that suits her for the task, and she cannot command the respect of people who care about justice.” Earlier, D’Alemberte had criticized Corey in the Fernandez case. The reaction then: A public records request from her office to FSU seeking all emails, text messages and phone messages involving D’Alemberte related to Fernandez….”

This is beyond unprofessional, and reaches a level of shocking incompetence, arrogance, abuse of power and stupidity.

But wait! There’s more!  Law professor William Jacobson makes the perceptive legal ethics observation that Corey has created a conflict of interest for herself that raises the question of whether she should be removed from the case. He writes:

“Will she conduct the prosecution in such a way as to achieve justice, or to set herself up for a personal lawsuit against Dershowitz and Harvard?….  By threatening suit against a critic in the middle of the case, Corey has put her own financial interests at stake in the outcome and conduct of the prosecution. Florida has adopted American Bar Association Standards of Criminal Justice Relating to Prosecution Function.  ABA Standard 3-1.3 Conflicts of Interest provides in pertinent part:

(f) A prosecutor should not permit his or her professional judgment or obligations to be affected by his or her own political, financial, business, property, or personal interests.

I don’t think the question of Angela Corey having to step down as prosecutor in the case should even get to Prof. Jacobson’s issue, however. Her conduct in threatening critics, as well as her unethical probable cause affidavit and her blatant alliance with Trayvon Martin’s parents, trumpeted in her unethical press conference, makes it screamingly obvious that she shouldn’t be a prosecutor in this or any other case.

I’ll leave the final word to Prof. Dershowitz:

“…Her beef was that I criticized her for filing a misleading affidavit that willfully omitted all information about the injuries Zimmerman had sustained during the “struggle” it described. She denied that she had any obligation to include in the affidavit truthful material that was favorable to the defense. She insisted that she is entitled to submit what, in effect, were half truths in an affidavit of probable cause, so long as she subsequently provides the defense with exculpatory evidence.

“She should go back to law school, where she will learn that it is never appropriate to submit an affidavit that contains a half truth, because a half truth is regarded by the law as a lie, and anyone who submits an affidavit swears to tell the truth, the whole truth and nothing but the truth….The judge deciding whether there is probable cause to charge the defendant with second degree murder should not have been kept in the dark about physical evidence that is so critical to determining whether a homicide occurred, and if so, a homicide of what degree. By omitting this crucial evidence, Corey deliberately misled the court.

“…That’s not the way the system is supposed to work and that’s not the way prosecutors are supposed to act. That a prosecutor would hide behind the claim that she did not have an obligation to tell the whole truth until after the judge ruled on probable cause displays a kind of gamesmanship in which prosecutors should not engage…

“Even if Angela Corey’s actions were debatable, which I believe they were not, I certainly have the right, as a professor who has taught and practiced criminal law nearly 50 years, to express a contrary view. The idea that a prosecutor would threaten to sue someone who disagrees with her for libel and slander, to sue the university for which he works, and to try to get him disbarred, is the epitome of unprofessionalism.

“If Angela Corey doesn’t like the way freedom of expression operates in the United States, there are plenty of countries where truthful criticism of prosecutors and other government officials result in disbarment, defamation suits and even criminal charges.

“We do not want to become such a country.”

Indeed we don’t. But we seem to already be a country where a local incident is blown up into a racially-polarizing national event, with the assistance of race-hucksters, an inept and biased press, and irresponsible elected officials, including the President of the United States, who annoints the victim as his hypothetical offspring. Then, when the justice system is supposed to take over and sort out the facts and the law objectively, fairly and dispassionately, the case is placed in the hands of biased hack like Angela Corey.

That’s the kind of county we are, and that’s bad enough.

_______________________________________

Pointer: InstaPundit

Sources:

Graphic: Billerico

Ethics Alarms attempts to give proper attribution and credit to all sources of facts, analysis and other assistance that go into its blog posts. If you are aware of one I missed, or believe your own work was used in any way without proper attribution, please contact me, Jack Marshall, at  jamproethics@verizon.net.

Dear News Media: Please Stop Spinning…It’s Unethical. Also Embarrassing.

[I’m on the road in Syracuse, and posting to the site has become slow and challenging thanks to losing half the letters on my keyboard, including a, s, and c. The problem has required me to compose by copying words from other sources and pasting them into sentences—you know, like ransom notes cut from newspaper headlines?—or using the online keyboard, which is like writing in alphabet soup. This means that I may have to add some fixes when I get home tonight, and that I will be about five topics behind. Thanks for your patience.]

The coverage of the Wisconsin recall was not a good sign for those of us hoping that the news media might choose to reform its ethics and objectivity standards in time to serve the public properly during the 2012 campaign season. Remember when Fox was the only network openly cheerleading for particular candidates, political figures and parties? MSNBC soon topped it in that regard to a nauseating extent, and now all of the networks, and much of the print media, are following the trend.

It makes no sense in the case of the recall. Why should journalists have a position to push in Wisconsin politics? Why are they taking the sides if public unions? The phenomenon has to be market driven, or, in the alternative, the result of widespread stupidity. Yes, I suspect the latter. Continue reading

Ethics Dunce: The Daily Beast

Does this look like a Panamanian fisherman to you?

The American public is cynical and mean-spirited enough, I think. It doesn’t need any more shoves in that direction from the crass hipsters at The Daily Beast.

Tina Brown’s site, recently named as the Web’s top news agregator, noted the follow-up to a story highlighted on Ethics Alarms, the stranded fishermen who were ignored by a passing cruise ship even though its passengers had alerted the crew. Two of the fishermen subsequently died; one of the survivors is suing Princess Cruises. The Beast intro to the story began this way:

“One U.S. cruise line has a litigious Robinson Crusoe on its hands.”

The story is sub-headlined: “Wilson!”, a reference to Tom Hanks’ volleyball companion in the film “Castaway,” who meets his end at sea.* Continue reading

Teacher Manuael Ernest Dillow: An Ethics Dunce, But, Of Course, An Aberration

“THIS will teach you lousy kids not to disrupt class….KIDDING!!!”

We don’t have to belabor this one. Manuael Ernest Dillow, a welding teacher at a vocational school in Abingdon, Virginia, wanted to get the attention of his students, so he lined up twelve of them against a wall, took out a pistol, and fired at them multiple times. The gun was loaded with blanks.

Oh! Well that’s all right, then!

This idiot was arrested, and it looks like there is a good chance he’ll get serious jail time. Obviously he is an aberration in the great, essential and honored field of teaching. Continue reading