West Virginia

Unethical Quote Of The Month: Above the Law’s Joe Patrice

/ Jack Marshall / 9 Comments

[C]onsensual relationships with adults don’t seem like a big deal. Sure, the conflict of interest of sleeping with someone in your class is deserving of discipline, but, really, in a state where you can marry your sister, is it a fireable offense to hookup with a twenty-something attorney-to-be? Obviously, if there were more serious allegations that would be another matter, but so far we’ve only learned of this more benign brand of misconduct.

—-Above the Law writer Joe Patrice, commenting, incompetently, on the firing of Virginia University College of Law Professor Arthur Rizer, for having sexual relations with multiple students.

Professor Rizer, the Sam Malone of West Virginia University College of Law...

Professor Rizer, the Sam Malone of West Virginia University College of Law…

This commentary, from a regular writer for a website that covers law schools, is so ethically obtuse and legally ignorant that he should be fired. “Not a big deal”? Sexual harassment at law firms is a very big deal as well as a very big problem, and a law professor who flagrantly violates an anti-harassment policy like the prohibition against professors treating the student body as their own personal dating bar is teaching that seeking sex with subordinates is culturally acceptable in the legal profession. It isn’t. It never has been.

The professor’s conflict of interest is the least of his self-created problems. First, there is no valid consent in such cases. The professor has real and perceived control over students’ academic success and legal career viability. This is classic inequality of power that gives a professor implied leverage over a student’s “consent” to sexual relations. Moreover, the knowledge that a professor is having sex with students constitutes third-party sexual harassment. Do other students assume that they are expected to have sex with the professor if he requests it? Is the professor looking at female students as mere sex objects? Are students that provide sexual access more likely to get high grades? What happens to students who say “no”? This creates a hostile environment for study and education. Continue reading →

From The Halloween Files: Arachnophobia Ethics

/ Jack Marshall / 54 Comments

creepy-spider-halloween-decoration

I love this story!

Early last month, several secretaries in the Logan County (West Virginia) Prosecutor’s Office put up Halloween decorations, including a lot of big hanging fake spiders.  When he saw them, Assistant Prosecutor Chris White freaked out, saying he had arachnophobia, that the decorations weren’t funny, and he couldn’t stand the eight legged things. Then he pulled out his gun, and threatened to shoot the spiders. The gun had no clip, but the staff wasn’t sure; after all, if you are crazy enough to try to shoot fake spiders with an empty gun, you are probably crazy enough to  shoot fake spiders with a loaded gun. The three secretaries who witnessed the meltdown were terrified.

White was suspended for the incident. He’s been with the office for more than five years, according to his boss, John Bennett,who  took it well, saying, “I never saw it coming, that’s for sure. Obviously, I wouldn’t have even hired him if I had seen it coming. And the fact that he’s been there five years and we haven’t had any incidents like this also, to me, is a pretty good indication it’s certainly out of the ordinary.”

Hmmm. How ordinary does drawing a firearm  in an office because of Halloween decorations have to be before you decide, “You know, maybe this guy should be someplace else”? Continue reading →

“Maybe Republicans should just keep their mouths shut whenever rape is being discussed” (Cont.)

/ Jack Marshall / 67 Comments
To go into the "Gallery of Republicans Who Say Offensive Things About Rape Making The Whole Party Look Stupid." The sad part is, the gallery is filling up...

To go into the “Gallery of Republicans Who Say Offensive Things About Rape Making The Whole Party Look Stupid.” The sad part is, the gallery is filling up…

I just wrote the quote in the title a couple hours ago, and now this.

Rep. Brian Kurcaba of the West Virginia House of Delegates was involved in the body’s debate over a proposed bill to ban abortions after 20 weeks of pregnancy, and that does not allow an exception in cases of rape. He said:

“For somebody to take advantage of somebody else in such a horrible and terrifying and brutal way is absolutely disgusting. But what is beautiful is the child that could come as a production of this.”

I’m sorry to be uncivil and blunt, but he’s an idiot, the comment is signature significance of a near-clinical deficit of compassion and common sense, and any man this dull should not be allowed within 50 yards of a legislature. Continue reading →

If You Can’t See Both Sides Of The Ferguson Mess, Then You Are Too Biased To Be Anything But A Part Of The Problem

/ Jack Marshall / 9 Comments

two sides

Unfortunately, the group that fits the description in the title appears to be “almost everyone.”

I. The Michael Brown Side.

  • Brown was young. He had his life ahead of him. It is tragic that he died.
  •  Whatever he did, it would not warrant a death sentence in the justice system.
  • He was shot dead, and he did not have a gun or a weapon on him.
  • He was black, shot by a white officer, in a town where African-Americans, for a variety of reasons, do not feel respected, believe they are often harassed, and feel subject to racial discrimination.
  • Brown was shot at multiple times. The average individual can see no reason why that would be necessary.
  • Eyewitnesses report that at the time of the fatal shooting, Brown posed no threat to the officer that would justify the use of deadly force.
  • Important, powerful, respected African-American officials and leaders trusted by the majority of black Americans have stated that that racism is rampant in U.S. society generally, and the justice system specifically.
  • Brown’s body was left lying in the street for hours, in what seemed to be a gesture of disrespect.

The items above do not include the many cynical, dishonesty, manipulative interpretations of the event and false or deceitful assertions that have been used by activists, journalists, advocates and politicians to distort public perception. Bill Maher, for example, flatly says that Brown was murdered. That is not a fact, and no one who didn’t witness the shooting is justified in stating that it is a fact. Continue reading →

Ethics Quiz: The Sensitive Cop’s Facebook Confession

/ Jack Marshall / 18 Comments

sensitive cop“If there was any time I despised wearing a police uniform, it was yesterday at the Capitol during the water rally. A girl I know who frequents the Capitol for environmental concerns looked at me and wanted me to participate with her in the event. I told her I have to remain unbiased while on duty at these events. She responded by saying, ‘You’re a person, aren’t you?’ That comment went straight through my heart!”

Thus did Douglas Day, a police officer at the West Virginia Capitol in Charleston, confess to Facebook friends his mixed emotions while doing his duty.

For this he was fired.

The day Day wrote his Facebook post, Capitol Police Lt. T.M. Johnson told him  that the post “shows no respect to the department, the uniform or the law enforcement community which he represents.”  About a week later, Sgt. A.E. Lanham Jr. wrote to Day that he “found the entire [Facebook] posting to be extremely offensive and shocking … This is just another episode of many incidents which show his bad attitude and lack of enthusiasm toward police work in general and toward our department in particular.”

Day was thunderstruck. “If they believed there was some sort of a violation I made, then why wasn’t it addressed? They never brought me in and never said anything to me,” Day said. “In 2½ years working there, I had no disciplinary action taken against me at any time. Nothing was ever written up and I received no reprimands.” So much for the “many incidents.” Continue reading →

Ethics Dunce (Sandy Hook Ethics Train Wreck and U.S. Public School Incompetence Divisions): Logan Middle School in Logan, W.Va.

/ Jack Marshall / 42 Comments

Sigh.

Send him to the re-education center...

Send him to the re-education center…

I’ll stop flagging the unethical conduct of anti-gun hysterics during the Sandy Hook Ethics Train Wreck when they stop abusing kids and law-abiding citizens in their deranged determination to turn America into a gun-free zone through fear-mongering and intimidation. I’m genuinely sick of writing about this stuff, but not as sick as I am of the idiocy that produces it. Has any sane, prominent, respectable voice from the gun-regulation side registered strong objections to incidents like what happened in Logan? If so, I must have missed it. That’s illuminating, don’t you think?

Jared Marcum, an eighth-grader boy at Logan Middle School in Logan, W.Va., was suspended and arrested by police for wearing a pro-NRA T-shirt that depicted a firearm and the phrase “Protect your right” to class. He was charged with “obstruction and disturbing the education process.” It appears that his teacher asked him to remove his shirt, and he refused, prompting the arrest. Marcum was on solid ground, and his teacher was not.  The school dress code reads in part: Continue reading →

Frank Buckles, Speaker Boehner, and the Duty To Remember

/ Jack Marshall / 4 Comments

Frank Buckles is our last chance to remember...

They fought overseas in battles with strange names like the Meuse-Argonne Offensive. They sang charmingly upbeat songs like “Over There!” and “Inky-Dinky Parley-Voo.” A lot of them were gassed, about 200,000 were wounded, 120,000 died, and many of them who  came home were never the same, dubbed “the lost generation” by Ernest Hemingway. They were America’s “doughboys,” the young homegrown heroes of World War I, who arrived late to a pointless war they didn’t start, and became the first American soldiers to die in large numbers in foreign lands.

The last of them died last week. His name was Frank Buckles, and he had lied about his age to become a soldier at the tender age of 16. In his 110 years, Buckles took part in a lot of history, sailing for the Continent on the Carpathia, the very same ship that rescued the Titanic’s survivors; traveling the world by sea as ship’s purser, which afforded him an accidental encounter with Adolf Hitler, and having the bad luck to be in the Philippines when the Japanese invaded, ending up as a prisoner for most of World War II.

Sen. Jay Rockefeller (D-W.Va.), and Rep. Shelley Moore Capito, (R-W.Va.) have introduced resolutions to allow fellow West Virginian Buckles to lie in honor in the Rotunda of the U.S. Capitol, where the public could pay their respects to him by filing past his casket. Though usually reserved for former presidents and distinguished members of Congress, unelected American citizens of distinction have laid in state in the Rotunda, such as civil rights icon Rosa Parks and Gen. Douglas MacArthur.

Apparently Speaker of the House John Boehner doesn’t think Buckles makes the grade, for he has rejected the idea and decreed that the last World War I soldier in a special ceremony at Arlington National Cemetery, but not at the Capitol. Continue reading →

And the 21st Untrustworthy Candidate is: West Virginia Gov. Joe Manchin!

/ Jack Marshall / 2 Comments

West Virginia’s Democratic Governor, Joe Manchin, currently running for the open U.S. Senate seat, has now caused me to regret my selections on the Ethics Alarms “Untrustworthy Twenty” within hours of posting it.  Manchin belongs on it; oh brother, does he ever. I had missed his nausaeating performance this Sunday on Fox, in which he attempted to retract his endorsement of the Obamacare legislation last March, explaining that he didn’t understand key details of the law when he publicly supported it. Continue reading →

Unethical Quote of the Week

/ Jack Marshall / 3 Comments

“He once had a fleeting association with the Ku Klux Klan, what does that mean? I’ll tell you what it means. He was a country boy from the hills and hollows from West Virginia. He was trying to get elected.”

—Former President Bill Clinton speaking fondly—and dishonestly— of  the late Sen. Robert Byrd (D-WV).

Bill Clinton has never had much understanding of  the principle of integrity. To him, wanting to get elected is justification enough for joining a violently racist organization that you don’t believe in, and giving support to a movement that you find offensive is a reasonable moral compromise to make in the pursuit of power. But how do we know that Sen. Byrd didn’t reject the Klan when the group’s cross burnings and lynchings became unfashionable in order to stay elected, while secretly sympathizing with them? Well, we don’t—and the facts support this interpretation more than Clinton’s. Continue reading →

Slap-happy Justice in West Virginia

/ Jack Marshall / Leave a comment

I confess: I love this story.

The Charlestown Gazette reports that Assistant Kanawha County prosecutor Stewart Altmeyer has been suspended for one month without pay for suggesting a plea deal that permitted the victim of petit larceny to slap the defendant in exchange for dropping the complaint against Dallas Jarrett, who had allegedly taken a few Oxycontin pills from Deborah McGraw’s medicine cabinet while performing some household repairs for her.

Altmeyer says that he relayed McGraw’s offer half-seriously, and was taken aback when the one-slap deal was accepted by Jarrett and his attorney. He shouldn’t have been surprised: Jarrett was facing up to a year in prison. I’d take Deborah’s slap. Heck, I’d take a Mike Tyson slap. Wouldn’t you? Continue reading →