Washington State

Sunday Ethics Warm-Up, 3/29/2020: Well, It’s Happened. People Are Going Nuts.

/ Jack Marshall / 58 Comments

Good Morning!

I’m still sane!

For now….

1. Cultural literacy note. Ann Althouse, holed up and desperate for non-virus topics (as are we all), has been reduced to reading Woody Allen’s newly published memoirs and commenting on them. Today, reviewing a section where Allen said that his “literary heroes” growing up did not include Julian Sorrel, but did include comic book super-heroes like Hawkman and Submariner, among others. Ann, who’s a bit younger than me, openly admits that while she knows Julian Sorrel (“The Red and the Black”–yechhh). but never heard of Hawkman or Submariner.

Is that a girl thing? Admittedly, those are two relatively minor heroes in the D.C. and Marvel comic book universes, but Ann has had a long time to catch up. It reminds me that one’s perspective on so many matters—everything?—is affected by the shape of the culture one perceives, and holes, even little ones, make a difference. Althouse frequently reveals that she is weak on some popular culture (especially movies and TV). She’s a commentator on the American scene, and people are influenced by her opinions.  Nobody can know everything, but the fewer holes, the better.

2. Krazy Kollege Ethics...

At Slate, legal commentator John Culhane thinks Falwell is asking for lawsuits: Continue reading →

The Girl Scouts Face Corruption By A Rich, Cruel, Horrible Person

/ Jack Marshall / 80 Comments

batman_arkham_origins

Fortunately, they knew what to do.

Last May the Girl Scouts made news when they announced a new policy of acceptance for transgender girls.  The policy was reasonable and case-by-case based, but the policy is secondary to the story. What matters is that the organization adopted it as consistent with its mission.

Last month, a $100,000 donor sent the Queen Anne offices of the Girl Scouts of Western Washington a note demanding that the chapter “guarantee that our gift will not be used to support transgender girls. If you can’t, please return the money.” The $100,000 was about 25% of the group’s yearly fundraising goal, and would have been used to send about a 500 indigent girls to camp.

Council CEO Megan Ferland returned the donation, telling the donor “Girl Scouts is for every girl. And every girl should have the opportunity to be a Girl Scout if she wants to.” Of course she did. A non-profit organization cannot put a price tag on its mission and its integrity. This would be like St. Jude’s Hospital accepting a huge donation in exchange for allowing a black child to die of cancer. It would be like a a women’s college’s board of directors cutting a profitable deal with an outsider to close the school down, just to pick a wild hypothetical out of the air. It is the equivalent of treason, selling out one’s nation, or taking money to betray a family or a friend who trusts you. Continue reading →

On The Other Hand, Libertarians Have Good Reasons To Distrust The Government, Like Washington’s 520 Bridge Toll Trap

/ Jack Marshall / 10 Comments

SR-520-toll-signNicola Livic, of Redmond, Washington  has a transponder on his car that is linked to a credit card that automatically pays his tolls when he crosses Washington’s floating Highway 520 Bridge. His credit-card number was changed by his bank due to a fraud threat, so his online account stopped working.

The motor-vehicle department also had his mailing address wrong, so when it tried to alert him that his tolls were in arrears, the letter ended up who-knows-where. Meanwhile, fees and fines were added, and compounded. By the time Mr. Livic realized the problem, he owed $3,545 to the state, less than $300 of which were the tolls.

He appealed the bill at the state Department of Transportation (DOT), and was told, in essence, “Tough.”

He is not alone. The system, in which a photo of a vehicle is taken as it crosses the bridge and the owner is billed, but without subsequent warnings or reminders if payment is overdue, is guaranteed—a conspiracy theorist would say designed— to generate snafus that the citizen is always going to pay for, and through the nose. The fine on each missed four dollar toll is $40, and over time, the fines turn into multi-thousand-dollar collection actions. Appeals go to an administrative review system set up by the transportation agency itself. This is what we commonly call  “a conflict of interest.” The state makes an average of $65,000 just in fines on the 520 bridge tolls each day. It loves this system. Continue reading →

When Does A Prosecutor’s Personal Life Become Relevant To Professional Performance? I Believe This Would Be An Example…

/ Jack Marshall / 6 Comments
Love is blind.

Love is blind.

In Washington State, a Spokane County deputy prosecutor named Marriya Wright has resigned her position following the discovery of a photograph of her in a bikini (posing in a bodybuilding competition) in the possession of  Matthew Baumrucker, an inmate in the Spokane County Jail notable for having the word “criminal” tattooed on his forehead.

Police have determined that Baumrucker and Wright corresponded via text or phone calls 1,280 times between February 6 and March 5, during the time that the inmate was being investigated for his alleged role in an assault. On March 3, police were trying to find Baumrucker in connection with the assault charge, and found him in an apartment with a woman who later told police that Baumrucker had received legal advice from a woman he called  “Marriya.” Baumrucker told the woman that “Marriya told him she didn’t have to let the police in to search if they did not have a search warrant.” Another witness told police that they saw Baumrucker meet Wright in a car at a nearby gas station, and “overheard Marriya telling Baumrucker he needed to get his warrants taken care of.”   Surveillance video obtained by police confirms Baumrucker got into Wright’s vehicle at that gas station. Continue reading →

Here’s A Solution To Five Guys’ Legal Problem: Stop Deceiving Customers

/ Jack Marshall / 66 Comments

Hot Dog

Darren Smith, one of the less-circumspect guest-bloggers that law professor Jonathan Turley inexplicably entrusts his blog to on weekends, wrote a post critical of Washington State for a law criminalizing the advertising of food as “Kosher-Style” when it is not, in fact, kosher.

Maybe he’s just a big fan of the offending restaurant chain he highlights, Five Guys, and is thinking with his stomach. Otherwise, he has no excuse for essentially giving a pass to intentional misrepresentation and fraudulent advertising as “no big deal.” Smith writes:

“Your author visited a Five Guys restaurant in Washington and did note that the “Kosher Style” hot dogs are cooked on the same grill as the beef, which would be a mixing of kosher and non-kosher foods in the making of the end product….The company has made an effort, on the company website at least, to note that these hot dogs are in the style of kosher and not actually kosher, but this might not be enough in Washington….There are numerous examples of products in the U.S. economy that use the word “Style” to declare that the food product is not actually as pure as might be expected of a product marketed without the word “Style”. Some examples might be “Artisan style breads” or “Honey style sauce” and do not necessarily break Washington’s, other states’ or Federal consumer protection laws. Yet Washington’s legislature decided that “style” was not enough with regard to differentiating kosher foods with non-kosher. It is either Pure or Not-Pure, and criminalized violations….It is certainly difficult to operate a business in numerous states having often greatly varied laws and administrative codes and when serving something as ordinary as a hot dog might possibly constitute a crime; it can make any business worry. Five Guys likely just wants to provide a menu its customers enjoy.”

Elsewhere in the article, Smith acknowledges that for certain religions eating non-kosher food can be “quite significant,” yet he pooh-poohs the effort of Washington legislators to stop establishments like Five Guys from using deceitful language to suggest that food is kosher when it isn’t. Disclaimers on websites and even menus come under the category of “fine print,” like “results not typical” in diet aid ads. Here’s a useful ethics tip: if you have to explain why your misleading description isn’t really misleading,  a) it’s misleading, and b) you know it. All Five Guys has to do to take itself out of legal peril is to stop misleading its customers. Smith, however, thinks the problem is the law. Continue reading →

Ethics Quiz: Is It Fair To Take A Criminal Defendant’s Constitutional Right Away If He Keeps Abusing It?

/ Jack Marshall / 12 Comments

"Watch the pencil! WATCH THE PENCIL!!!"

Joshua Monson, standing trial in Washington State for drug charges and multiple criminal assaults, keeps stabbing his lawyers with pens and pencils  mid-trial. He just stabbed his third—the others withdrew because of the conflict of interest created when you are afraid that your client wants to kill you—so the judge ruled that Monson had forfeited his right to counsel under the 6th Amendment in the Bill of Rights. Judge David Kurtz said Monson will have to defend himself without the assistance of counsel and will be strapped to a special chair for the rest of the trial. Kurtz advised jurors to ignore the incident, the restraints and the absence of a lawyer.  Continue reading →

Moral Luck Gets Mike Huckabee

/ Jack Marshall / 2 Comments

Former Arkansas Governor and current talk show host Mike Huckabee, an early leader among GOP presidential contenders in 2012, is the process of being vilified and ridiculed by conservative commentators and talk radio hosts for what appears to be a tragic instance of moral luck. Nine years ago, he issued clemency to a prisoner named Maurice Clemens, a man who had been convicted of larceny and burglary at the age of 16 and had served seven years of a 108 year sentence. Clemens was just killed after going on a two-day rampage in Seattle, Washington  murdering four police officers. Now critics are blaming the deaths on Huckabee, calling him a “bleeding heart” who cares more about criminals than their victims, and demanding that this tragedy permanently end his presidential ambitions. Continue reading →