Wisconsin

Ethics Hero: Judge Richard Posner

/ Jack Marshall / 130 Comments
Sure, you have a right to think there's something wrong with that, but the state has no business acting as if it thinks so too.

Sure, you have a right to think there’s something wrong with that, but the state has no business acting as if it thinks so too.

Because Judge Richard Posner of the 7th Circuit Court was appointed by Ronald Reagan, he is usually describes as a conservative judge. He’s better described as an unusually smart, articulate, thoughtful and courageous judge, and in responding to oral arguments  lawyers for Wisconsin and Indiana defending their state’s marriage bans, he proved it.

I have frequently attempted to draw a distinction between those guided by archaic religious morality that causes them to regard same-sex marriage as sinful, and the attempt to use the government, which must not be guided by religion to make such marriages illegal. Morality doesn’t have to be defended by logic—God works in mysterious ways, you know—but laws do. A complete evisceration emanating from a place of authority of the specious and often absent reasoning behind gay marriage bans was much needed, and knowing that he risked criticism as a “judicial bully” for doing so with gusto, Judge Posner came through.

Here is a sampling of the barrage he placed on Indiana Solicitor General Thomas Fisher and Wisconsin’s assistant attorney general Timothy Samuelson: Continue reading →

How Can Lawyers Be Shockingly Unethical Without Breaching Any Legal Ethics Rules? Meet Styles & Pumpian

/ Jack Marshall / 35 Comments
"Let's have a moment of silence for Ira, our troubled friend, partner and colleague, a fine lawyer who left this world too soon....Ok, now that's over, how can we keep his fee from his family?"

“Let’s have a moment of silence for Ira, our troubled friend, partner and colleague, a fine lawyer who left this world too soon….OK, now that’s over, how can we keep his fee from his family?”

Ira Bordow, a partner in the Wisconsin law firm of Styles & Pumpian, had been handling a family’s dispute with an insurance company. Successfully too: he negotiated a $250,000 settlement, and the company sent him the check for that amount, to be divided among the plaintiffs and Bordow’s firm. Bordow, as a partner, was going to get a $41,666 share.

The 54-year-old lawyer, however, had problems of his own that money could not solve, and committed suicide. His brother found the quarter of a million dollar check on the seat of Bordow’s Lexus coupe, and properly and correctly sent it on to  Styles & Pumpian.  Bordow had already earned his cut of the settlement at before he took his own life, for he, and the firm, were working on a contingent fee basis. The representation was at an end. Apparently, however, once the firm had the check in hand, the brilliant legal minds at Styles & Pumpian applied their craft to thinking of ways they could avoid paying the grieving family of their tragically demised partner any of the loot. They thought of one too, at least one they felt was worth a shot.  The firm is refusing to pay the Bordow estate the late lawyer’s $41,666 cut, arguing that Bordow’s suicide in his River Hills home negated his partnership agreement with the firm. It was a breach of contract, they say, and thus, even though he would have received the money if he had lived, the firm can keep it now.

Continue reading →

Annals Of The Ethics Incompleteness Theorem: The Snuggle House And “The Dress Code Effect”

/ Jack Marshall / 9 Comments
Awww! Who could object to a little snuggle?

Awww! Who could object to a little snuggle?

Almost any rule, low or ethical principle can be deconstructed using what I call border anomalies. The first time I was aware of it was as a Harvard freshman in the late Sixties, when all assumptions, good and bad, useful and not, were considered inherently suspect. The college required all students to wear jackets and ties to meals at the student union, and up until my first year, nobody objected. But that fall, my classmates set out to crack the dress code, so they showed up for meals with ties, jackets, and no pants, or wearing belts as ties, or barefoot. (Yes, there were a lot of future lawyers in that class.) Pretty soon Harvard gave up, because litigating what constitutes ties, jackets and “proper dress” became ridiculously time-consuming and made the administration look petty and stupid. Of course, there are good reasons for dress codes—they are called respect, dignity, community and civility—-but never mind: the dress code couldn’t stand against those determined to destroy them by sending them down the slippery slope.

If any rules are to survive to assist society in maintaining important behavioral standards, we have to determine how we want to handle the  effects described by  the Ethics Incompleteness Theory, which holds that even the best rules and laws will be inevitably subjected to anomalous situations on their borders, regarding which strict enforcement will result in absurd or unjust results. The conservative approach to this dilemma is to strictly apply the law, rule or principle anyway, and accept the resulting bad result as a price for having consistent standards. The liberal approach is no better: it demands amending  rules to deal with the anomalies, leading to vague rules with no integrity—and even more anomalies. The best solution, in my view, is to regard the anomalies as exceptions, and to handle them fairly, reasonably and justly using basic principles of ethics, not strictly applying  the rule or law alone while leaving it intact. Continue reading →

When The Ethics Alarm Fails

/ Jack Marshall / 5 Comments

tumbledown-jpg

Or, in the alternative, you’re an idiot.

The owner of a Wisconsin golf course has apologized for using a national disaster and the deaths of nearly 3000 Americans as a commercial promotion. Apparently he has done this before and nobody complained. How is this possible? Isn’t this the very definition of exploitive, crass, and disrespectful? Has the golf course owner grown up with fond memories of November 22 sales and December 7 parades?

How could it be that nobody in his family or circle of friends or the golfers at the course alerted him that such a 9-11 promotion was tone-deaf? If I’m about to do something this stupid and wrong, I expect those around me to let me know before somebody, like me, gets hurt. The owner’s associates failed their obligations too: we need to help each other do the right thing, because everyone’s ethics alarms malfunction sometimes.

_______________________

Pointer: Althouse

Facts and Graphic:Channel 3000

As Wisconsin Bans a Theatrical Production, Some Questions

/ Jack Marshall / 11 Comments

“The forces of intolerance just won another victory in Wisconsin,” is how The Progressive headlines a story about a “rightwing evangelical” whose complaints prompted the Wisconsin Department of Natural Resources to cancel a planned production of  “The Bible: Complete Word of God, Abridged” in a state park. From the article:

“Vic Eliason raised a stink. Eliason is an evangelical clergyman in Milwaukee who runs the VCY (Voices of Christian Youth) America Radio Network. He has a show, “Cross Currents,” in Milwaukee, and on August 9, he dedicated his hour-long program to condemning the play as “blasphemous” and “diabolical.” He urged his listeners to contact the board members of SummerStage, and he gave out their numbers. He also urged listeners to call the businesses where some of the board members worked and ask them, “How can you have someone on the board who will literally spit in the face of the Bible?” Eliason also gave out the phone numbers of the DNR’s top two officials and told listeners to ask them why the state was allowing this play to go on, and why it was profiting from it. (The agreement with SummerStage and the Lapham Peak State Park is that 5 percent of ticket sales go to the park, Eliason said.)”

The article ridicules the state and Ellison on several grounds. The play, it notes, is “very light-hearted,” a spoof of the Bible. Ellison admits he never read the script, but that the theme of the comedy is enough. The statement of the Department in cancelling the play smacks of dishonesty: “SummerStage will not be performing ‘The Bible – the Complete Word of God, Abridged’ at Lapham Peak as the event did not meet the provision of the Department agreement requiring all productions to be family oriented,” said a spokesperson. Translation: “This was turning into a hassle with the possibility of a lawsuit, and it just isn’t worth it.”

I agree that Eliason is an officious trouble-maker, a bully who sees nothing wrong with stopping people from entertaining and being entertained if he doesn’t approve of their taste. But I have some questions: Continue reading →

Ethics Dunces: 29 Wisconsin Judges

/ Jack Marshall / 7 Comments

Yes the gavel's fuzzy, but then so is the judgment of the person on the other end of it.

There is something seriously wrong with the ethical culture of the judiciary in Wisconsin. I suppose this was already obvious, as it is definitely a bad sign when two members of the state Supreme Court accused each other of physical attacks. Nonetheless, the news that 29 of Wisconsin’s sitting judges placed their names on the recall petition for Gov. Scott Walker would seem to settle any remaining doubts.

Is doing this a strict, slam-dunk, violation of the Wisconsin Code of Judicial conduct? No, probably not. It is in a gray area of the Code. Judicial ethics codes prohibit judges from becoming involved in political contests, but a recall petition a judge signs as a private individual (Personally and professionally, I don’t think it is possible for a judge to sign a petition as “a private individual”) don’t fit neatly into the definition of political activity. Other states, such as New York and New Mexico, have allowed judges to sign nominating petitions for candidates on the theory that it is the equivalent of voting, the right to which judges do not give up by ascending the bench.

Still, the judicial codes don’t exactly give a ringing endorsement to this kind of activity, and I would say the better interpretation is that the ethical rules preclude it. The ABA’s Model Judicial Code, for example, says… Continue reading →

“Forget Jobs, It’s You Passing Out In Public, Stupid!”

/ Jack Marshall / 6 Comments

Well, maybe there’s something wrong with Wisconsin after all.

Mayor Ryan, behaving irrelevantly

In Sheboygan, Mayor Bob Ryan, is about to face Terry Van Akkeren in the first mayoral recall election in that Wisconsin city’s history. It was prompted after Ryan was caught on tape passed out in a bar after a drinking binge last summer. More than 4,000 Sheboygan voters signed petitions to force the recall.

As one would expect, the mayor who humiliated his community, set a wretched example for his public (and their kids), showed that he has allowed his alcohol problem to render him unfit to serve, and violated a pledge he had made in 2009 (when he was running for office) that he had given up drinking for good, now argues that the incident is irrelevant. He says that what matters is who can bring the most jobs back to Sheboygan. Continue reading →

Ethics Quiz: The Case of the Human Cat

/ Jack Marshall / 18 Comments

This is not only an ugly story, but also one that many people are incapable of analyzing dispassionately, or even rationally. I’m going to try.

Michael Puerling is a landlord…some would call him a slum lord…in Menomonee Falls, Wisconsin.  A tenant in the upper unit of his property had adopted a black and brown stray cat, which she named Sage. Puerling told the woman she couldn’t keep a cat, so she evicted the feline, which eventually took up residence in the vacant lower unit. Puerling discovered the cat had after it had been making itself at home for months, tearing up furniture and generally making the apartment a giant litter box. According to the landlord, he opened the doors and windows and tried to get Sage to leave, but the cat hid under the kitchen sink. Then Puerling tried to remove the cat by hand…not a good idea, as any cat owner could have told him. When he couldn’t grab the scruff of Sage’s neck, he yanked the cat out by his tail, with the predictable result–the cat went crazy, and attacked him.

So Puerling bashed the Sage’s head in by swinging him by his tail against a slab of concrete outside. Continue reading →

Comment of the Day: “Let’s Have An Open Debate on Both Sides …”

/ Jack Marshall / 17 Comments

Blameblakeart’s comment to my post about the school district that condemned a student’s high school newspaper anti-gay adoption column, part of a “pro vs. con” feature approved by the editors and faculty advisor, illustrates a point that was the subtext of my post but never explicitly stated.  It should have been, but blameblakeart shows how it’s done. The productive, educational, fair and persuasive way to rebut any argument is by using facts and logic, not to just condemn it as “offensive” or “bullying,” or to discourage future expressions of unpopular points of view. That is true in school and out of it.

Here is his Comment of the Day on the post, “Let’s Have An Open Debate on Both Sides of This Controversial Issue. Wait…Your Side Offends Me. Shut Up. You’re A Bully.”  I’ll have a comment at the end: Continue reading →

“Let’s Have An Open Debate on Both Sides of This Controversial Issue. Wait…Your Side Offends Me. Shut Up. You’re A Bully.”

/ Jack Marshall / 74 Comments

The Shawano (Wisconsin) High School’s student newspaper decided to publish a “Pro vs. Con” feature on the contentious issue of gay couples adopting children. A student wrote a column advocating each position.

In his column headlined “Should Gay Couples Be Allowed To Adopt?” student Brandon Wegner catalogued various arguments against gay adoption, and included this:

“If one is a practicing Christian, Jesus states in the Bible that homosexuality is (a) detestable act and sin which makes adopting wrong for homosexuals because you would be raising the child in a sin-filled environment….A child adopted into homosexuality will get confused because everyone else will have two different-gendered parents that can give them the correct amount of motherly nurturing and fatherly structure. In a Christian society, allowing homosexual couples to adopt is an abomination.”

A male couple raising a child who goes to the school saw the paper, and strenuously objected to school administrators, saying that the piece was hateful and would encourage bullying. Naturally, the school district immediately caved and threw the student, the paper and the column under a metaphorical bus, because that’s what school administrators do. If an anti-gay bigot had objected to the pro-gay adoption feature, it is even money that the school would have done the same.

An official mea culpa was immediately released: Continue reading →