Topeka

Ethics Dunce: Grandstanding Topeka Waitress Chloe Hough

/ Jack Marshall / 17 Comments

tip the schoolsToday was apparently “Popular Unethical Conduct Day.” This isn’t as bad as a mother having a police officer terrorize her little boy, because governor abuse isn’t as bad as child abuse. It’s still wrong, and in several ways.

Waitress Chloe Hough was in her final shift in her last day as a waitress at a Kansas barbecue restaurant, and found herself serving conservative Kansas governor Sam Brownback. The controversial  Republican  recently pushed to replace Kansas’s education funding system with a  “block grant” program that cuts millions of dollars from  public school budgets.

Hough decided to use the opportunity to make a snarky, meaningless protest comment on his check, and grandstanded by posting a photo of it on Facebook.

“I just knew I had to say something or I would regret it,” she told a TV station.  Of course, she really would have regretted it if she hadn’t already quit her job. She was rude to a customer (wrong), compromised the service of her employer (wrong); embarrassed her employer (wrong);used her job illicitly to make a personal political statement (wrong), and posted the restaurant’s document without permission on Facebook. If the restaurant shares tips among servers, she also gave away money belonging to her colleagues without their permission. Wrong, wrong, wrong.  She did all of this knowing that she wouldn’t suffer any consequences, since she had already quit. It was hit and run unethical conduct, and a cowardly betrayal of trust. The legitimacy of her political critique is irrelevant.

I hope the restaurant withholds her final paycheck, and to any other employers out there, remember that name: Chloe Hough. She’s untrustworthy and disloyal, and if you hire her, you deserve what you get.

When Do Private Text Messages Between Two Individuals Justify Punishment?

/ Jack Marshall / 20 Comments

text

I’d like to say “never,” except that when especially offensive private text messages become public, they aren’t private any more. As with e-mails, any time you send a text message that you know will embarrass you if it falls into malign hands or is seen by righteous eyes, you have authored the means of your potential destruction.

That’s not right, but that’s the way of the world.

Thus a Washburn University Phi Delta Theta fraternity member posted a photo of a man with a topless woman in bed as part of a fraternity text exchange following a chain of crude text messages between frat members. These were obtained by The Topeka Capital-Journal on a slow news day—Wow! Stop the presses! College guys are crude!-–and before you could say “thought control,” the national Phi Delta Theta organization suspended the Topeka campus chapter.

“We are very concerned by the messages reviewed thus far. Phi Delta Theta is a values-based organization and any behavior or statement contrary to those values is subject to significant action,” Phi Delta Theta spokesman Sean Wagner said in a statement. Naturally, the chapter president then grovelled an apology. Continue reading →

Seeking Justice And Fairness in Topeka, And Arriving At Stupid

/ Jack Marshall / 20 Comments
With a song!

With a song!

In Topeka, Kansas, Judge Mark Braun was confronted with a legal and ethical dilemma, thought hard, and arrived at ridiculous decision, with the of best intentions.

Defendant Lance Franklin was in the fourth day of his trial for rape when he decided that he didn’t like his lawyer’s face or something and thus sucker-punched him in open court. Franklin is  is six-feet, three-inches tall and weighs at least 260 pounds; he devoted attorney weighs about 170 pounds and is considerably shorter. This sort of thing happens now and then (it happened in Kansas earlier this year) does not go over well with juries. Imagine, for example, if Mike Brown hadn’t been killed and was being tried for assaulting an officer, and he did this to his lawyer right after his mother had told the jury what a gentle, promising child he was. The display would, one would think, undermine his credibility when he swore he was just meekly surrendering….well, with the racist jurors, anyway.

Thus, when this happens, judges declare mistrials because a fair trial is no longer possible. Ah, but Judge Braun has seen it all: you can’t trick him. He knows that if Kansas defendants see one accused criminal get to start all over because he cold-cocks his lawyer, they’ll all do it if the trial is going badly. So after senior assistant district attorney Dustin Curry begged him not to reward Franklin for his unmannerly gesture, Braun ruled that declaring a mistrial would “essentially put a target on any defense attorney’s back.”

The trial goes on, presumably with a new lawyer. And, when Franklin is found guilty, a successful appeal and new trial is virtually guaranteed, because a fair trial after something like this is impossible.

The judge was trying to be careful and considerate; he should be commended for not making an automatic decision to call a mistrial just because that’s what every other judge has done. He kept an open mind, and listened to a novel argument. Sometimes, however, an open mind lets stuff in causes havoc. In his effort to prevent lawyers from becoming in-trial punching bags, he guaranteed one defendant a second trial, and just moved that target somewhere else.

For example, I’m pretty sure attacking the jury mid-trial is a sure-fire recipe for a mistrial if battering one’s lawyer won’t work.

Or better yet, deck the judge!

Deck the Judge to get a mistrial
Fa-la-la-la-la, la-la-la-la
Punching lawyers s’not for this trial
Fa-la-la-la-la, la-la-la-la
If your trial is going badly
Fa-la-la, la-la-la, la-la-la.
Rush the bench while swinging madly.
Fa-la-la-la-la, la-la-la-la!

____________________

Pointer: ABA Journal

Facts: Capital-Journal