Law vs. Ethics: A Cautionary Tale From Texas

You fucked up

“You can’t worry forever about your mistakes. You fucked up. You trusted us. Make the best of it. ” —Otter (DuPont) to Flounder (Its former employees) in “Animal House”

Law and ethics are two different things, and courts are frequently forced to embrace unethical results in order to uphold a bad law or to deal with a messy fact pattern. It is seldom, however, that one sees as blatant an example of atrociously unethical behavior being ruled legal as in a recent case in Texas, decided this month. It is the kind of case that promotes distrust all around, as you will see. When that is the result, the ruling itself is unethical.

In the case of Sawyer, Kempf, et al. v DuPont and Company, an employer’s false promise not to exercise a legal right in order to induce its employees to forgo their negotiated rights was deemed unenforceable. The legal reasoning is solid. The ethics stinks, and is as good an example as you will ever find for the inspiration behind Charles Dickens’ (speaking through his creation Mr. Bumble, in “Oliver Twist”) statement, “The law is a ass.” Continue reading

Monday Morning Lessons in News Media Bias, Incompetence, and Manipulation of Public Opinion

Side profile of a journalist typing on a typewriter

It took all of 15 minutes this morning to see the incompetence and bias of the new media in action regarding two politically charged events currently unfolding:

1. The Washington Post: The Rick Perry Indictment

On page A3 of the Washington Post front section, this report by Post reporter Sean Sullivan was sub-headlined like this:

Texas governor denies any impropriety in feud with district attorney

Continue reading

More On The Perry Indictment: The Mark Of Hack Partisan Journalism

H

The unethical indictment of Republican Texas Governor Rick Perry in Travis County (Austin) for the “crime” of trying to force a drunk, power abusing, ethically corrupt district attorney from continuing to head the Public Integrity Unit—quick, now, Democrats…why is this a bad thing?—is a rare opportunity for otherwise incorrigibly biased journalists to show some token integrity and fairness. What is forfeited, after all, by admitting the obvious, that Perry is being railroaded by an abuse of prosecutorial power to derail him politically? Perry is no real threat to win the Presidency, no matter how high his stock is now. We all saw why in 2012.

So the liberal media has no need to play gotcha, and could, for a change, actually do its job: show the public why the indictment is nothing but a political hit job; why it’s a breach of legal ethics, how disgracefully Travis County DA Rosemary Lehmberg has conducted herself; why she is obligated to resign after breaking the law, trying to use her position to intimidate police officers on video, having her law license suspended, and apparently doing nothing about the fact that she is a raging drunk; why having such an individual heading up the agency responsible for public integrity is a threat to the public well-being and the public trust; and why a Governor of any political affiliation doing everything he can to pressure such a miserable and incompetent DA to resign as she had a professional obligation to do is, not merely not criminal, but admirable.

But most of them just can’t bring themselves to do it. So here is the Daily Beast partisan hack news commentary website, the yin on the left to the yang of Tucker Carlson’s partisan hack Daily Caller on the right, which wouldn’t be necessary if there weren’t a Daily Beast,  publishing this piece by its partisan hack staffer Mark McKinnon, implying that there may be validity to the indictment, suggesting that Perry did something wrong, and glossing over how disgusting it is that Lehmberg  still holds office. Continue reading

Ethics Dunces: ABC News, Jonathan Karl and the Sunday Morning “Roundtable”

Republican Texas Governor Rick Perry is being threatened with prison by a per se unethical and illegal grand jury indictment, obtained by special prosecutor Michael McCrum, that attempts to criminalize not merely political tactics, which is how critics are describing it, but the essential and obligatory efforts of a state’s elected leader  to remove a corrupt and unqualified district attorney who is unfit to serve, corrupt,defiant….and drunk as a skunk.

You can read various eviscerations of the indictment here, here and here; there are many more. So far, I can’t find a respectable legal source that finds the indictment anything better than jaw-droppingly absurd and an abuse of prosecution. Jonathan Chait, a left-ish pundit and far from a Perry fan (much like me, except for the left-ish part), nicely expresses his contempt of the charge here. A short hand version would be that Perry has been threatened with jail based on what he said about vetoing a bill, which seems like a First Amendment violation to me.

The reason for the Ethics Dunce call on ABC is that this morning, the network reported on the indictment of Perry and its effect on his Presidential prospects in 2016 without explaining the reason for the Governor’s actions that the prosecutor is straining to call illegal. A simple, thorough, clear explanation would be sufficient to cause any reasonable reader or listener to cry “What? You’re kidding! That’s not possible!” That explanation, however, was not forthcoming on ABC, and has been missing from other reporting as well. Continue reading

Ethics Quiz: Is It Ethical For The President To Cut In Line?

"I'm more important than you are, so I'm cutting in line."

“I’m more important than you are, so I’m cutting in line.”

[Fred, who sent me this one, prefaced it by writing, “You’ll love this.” He was right. I do. I also hate it.]

News Item ( Austin 360):

“Following his speech at the Paramount, President Obama’s motorcade traveled to Franklin Barbecue on East 11th Street. The restaurant is well known for its great brisket and extremely long waits, but the president circumvented that using the powers of his office. “I know this is a long line. I feel real bad, but – I’m gonna cut,” Obama said, according to a pool report from the Statesman’s Chuck Lindell. [Owner] Aaron Franklin told the Statesman’s Ciara O’Rourke that nobody cuts the line at Franklin … except Obama.”

Your Ethics Alarms Ethics Quiz of the Day:

Is it ethical for the President of the United States to cut into a line for goods or services?

Can you guess my answer?

It’s not just “no,” but “Hell, no!”

Talk about the Imperial Presidency! There is no basis, justification or excuse whatsoever for the President to cut into line under these circumstances, especially by saying, “I’m gonna cut.” The proper answer to that, my friends, is “No, you’re not, Mister President. Why don’t you ask politely, and maybe everyone ahead of you will be magnanimous and agree?” Continue reading

Birding Ethics vs. Education Ethics: One Applies Common Sense, The Other Doesn’t Apply It, Or Sunscreen Either

"Don't worry, Mr. Sapsucker---the birders are looking out for you. Just be grateful you don't go to public school in San Antonio."

“Don’t worry, Mr. Sapsucker—the birders are looking out for you. Just be grateful you don’t go to public school in San Antonio.”

In the intense avocation of bird-watching, a code of ethics reminds practitioners of common sense. In public school education, there is no accepted code of ethics. And there is precious little common sense.

Cornell University’s Macaulay Library contains more than 200,000 bird call recordings, and 150,000 of them can be downloaded onto smartphones and other electronic devices. This allows canny bird-watchers to play the calls in the wild, attracting rarely-seen species.

Unfortunately, these realistic calls, experts say, can stress birds, including endangered species. Thus there is a code of ethics for the recreation of birding, The American Birding Association’s Principles of Birding Ethics, and it states,

 “Limit the use of recordings and other methods of attracting birds, and never use such methods in heavily birded areas, or for attracting any species that is threatened, endangered or of Special Concern, or is rare in your local area.”

It’s a well-conceived code that gives behavioral guidance where guidance is needed.

Now let’s look at a profession where most of us would say common sense is essential, and where the lack of it leads to  unethical and unacceptable conduct born of institutionalized incompetence. No, this time I’m not talking about our government. I’m talking about the educational profession, and the public schools. Continue reading

Comment of the Day #2: “Animal Ethics: Now THIS Is An Unethical Veterinarian”

Sid the dog

Rarely has a post generated as many defenders of the target of my critique as the recent Ethics Alarms commentary regarding the Fort Worth, Texas arrest of Dr. Lou Tierce, an aging veterinarian who, according to Jamie and Marian Harris, agreed to euthanize their dog Sid—that’s Sid above— based on Tierce’s diagnosis, but instead kept the dog caged in filthy and inhumane conditions for six months, until a whistleblower on his staff alerted the Harrises. 

Here is a portion of the arrest report, regarding another dog at the same clinic:

“The dog was lying on the floor twitching in pain with one leg missing, one leg dislocated and two dislocated shoulders. I then spoke to the suspect, Dr. Millard Lucien Tierce. He told me that the injured black and white collie was his dog. He said he had given water and food to the dog but had not given any medical treatment to the dog. He said he had not euthanized the dog even though in his professional opinion he knew it needed to be.

Dr. Morris, DVM, of the Fort Worth Animal Clinic, arrived on the scene and performed an evaluation of the dog. He informed me that in his professional opinion the animal was a victim of animal cruelty and the conditions of the clinic were deplorable.

Animal Cruelty Investigator R. Jacobs spoke to Dr. Millard Tierce. Tierce told him he knew the dog needed to be euthanized but he did not allow it. He signed over ownership of his dog to the Fort Worth Animal Control and the Fort Worth Animal Control took the dog to their facility.

On April 29, 2014, Dr. M.L. Morris, DVM examined the black and white border collie. Dr. Morris concluded that the dog was emaciated, had severe mouth disease, cataracts, abnormal overall health, non-ambulatory bottom of foot missing, had a degenerative neurological and untreatable disease and should have been euthanized when originally accepted for treatment. The dog was then euthanized by the city of Fort Animal Shelter.

Due to the aforementioned facts and information being related to me as a result of this investigation, I have reason to believe and do believe that Millard Lucien Tierce, did commit the offense of Cruelty to Non-Livestock Animals, against the laws of the State of Texas as set forth in the Penal Code; 42.092 (b)(l).”

Nonetheless, several loyal clients of Tierce’s clinic wrote to protest. They had entrusted their pets to him for many years, and he was clearly incapable of any kind of cruelty to Sid or any animal. The real villains were the Harrises. Or the tech who alerted them that their dog was still alive and being used for blood transfusions. Just wait, they assured me, when all the facts come out, this veterinarian from Hell will be exonerated. That the only way this could possibly occur would be for it to be proven that what the police thought was Sid was actually a hologram didn’t deter the doctor’s defenders at all.

Luckily, commenter Candy Roberts, a veterinary technician, put their arguments in perspective. Here is her much appreciated Comment of the Day on the post, Animal Ethics: Now THIS Is An Unethical Veterinarian: Continue reading

The “Bernie” Sentence’s Message: The Lives Of Mean People Aren’t Worth As Much As Those Of Nice People

Jack Black as Bernie, the nicest murderer you'd ever want to know.

Jack Black as Bernie, the nicest murderer you’d ever want to know.

“Bernie” is a quirky 2011 movie telling a strange and true story. Jack Black plays Bernie Tiede, an oddly cheery mortician who became a small town community favorite for his kind deeds and upbeat manner. Bernie even befriends the town pariah, a mean, rich old woman named Marjorie Nugent (played by Shirley Maclaine) whom he managed to reform–slightly–until she finally became even too much for him to bear, and in 1996 he shot her dead.

He was loved, she was hated, and the community (Carthage, Texas) rallied behind the murderer even though he hid his friend’s body in a freezer for nine months and spent about 2 million dollars of her money.  The pro-Bernie bias was so strong  prosecutors had to seek a change of venue, since no local jury would convict him. They got it, and a jury that knew neither charming Bernie nor his nasty victim found him guilty (because he was) and sent him to jail for life in 1997.

After the film was released, however, attorney Jodi Cole took up Tiede’s appeal. She discovered that he had a collection of books aimed at survivors of sexual abuse, and got Bernie to admit, for the first time, that he was abused as a child. Cole hired a psychiatrist who testified that Tiede’s abuse probably influenced the murder and his willingness to endure an abusive relationship with Nugent, until he finally snapped. This changed the mind of Panola County District Attorney Danny Buck Davidson, who told a judge Tuesday that he supported reducing the sentence to time served. State District Judge Diane DeVasto agreed. Bernie is now a free man, living in the apartment over the garage of the man who directed the film about him.
Continue reading

Unethical Quote Of The Month: Judge Jeanine Howard (Who Is Also The Incompetent Elected Official Of The Month, An Ethics Dunce, And Pretty Much A Blight On The Justice System And American Society In General)

judge Howard

“There are rape cases that deserve life. There are rape cases that deserve 20 years. Every now and then you have one of those that deserve probation. This is one of those and I stand by it.”

—-Texas District Judge Jeanine Howard explaining her stunningly lenient sentence of probation and community service—“250 hours of community service at a rape crisis center” !—for a confessed rapist of a 14-year old girl at her school.

The sentence  was not merely lenient but probably illegal, and a it seems likely that the sentence will be altered by another judge. Nonetheless, this kind of result, based on the judge’s assessment that the victim was promiscuous and had been pregnant (which she denies) will certainly make other rape victims think twice before they report the crime. Bobby Villareal, executive director of the Dallas Area Rape Crisis  Center, told reporters…

“This is an example of why people don’t come forward and report their sexual assaults because they are not only victimized at the time but the continuing game of shame and blame. They are put on trial again in the judiciary and the media. The things that were said were outrageous and some of them were actually untrue that were reported.”

Judge Howard seemed to be making up the law and sentencing guidelines on the fly. The rapist, 20-year old Sir Young, never denied that he had raped the girl, or that she hadn’t strenuously told him to stop. “Consent is not an issue and it wasn’t an issue because he admitted he didn’t have her consent,”  prosecutor Andrea Moseley said. “When consent is not an issue, a victim’s past is never appropriate for comment. That’s my problem with it as a woman and as a prosecutor. I was certainly disappointed in the message I think it sends to the community.”

The community can send a message back, as Judge Howard is up for re-election in the fall, but it won’t be easy. A Democrat, she is running unopposed. Continue reading

Animal Ethics: Now THIS Is An Unethical Veterinarian

Believe it or not, Dean Jones was a NICE vet compared to Dr. Tierce...

Believe it or not, Dean Jones was a NICE vet compared to Dr. Tierce…

Yechh. This story reads like a sick version of “Beethoven,” which, as all you Charles Grodin fans will recall, featured a villainous veterinarian (Dean Jones, no longer cute) who stole pets to use for medical research.

In Fort Worth, Texas, Jamie and Marian Harris took their dog, a 5-year-old Leonberger named Sid, to the well-respected  Camp Bowie Animal Clinic, to be treated for what they thought was a minor health issue. After undergoing treatment,  Sid developed trouble walking and the veterinarian, Dr. Lou Tierce, told the Harrises that  their dog  had an untreatable spinal condition that would get worse, cause him increasing pain, and ultimately cripple him completely. The family was told the best option was to have Sid euthanized. The couple and their young son agreed, said their goodbyes and authorized the clinic to bury Sid on the vet’s farm.

Six months later, a veterinarian technician named Mary Brewer, who worked at Camp Bowie, contacted the Harrises to inform them that Sid was alive and being kept alive in a cage, surrounded by his urine and feces, so he could be used for blood transfusions to treat other dogs.
Continue reading