Ninth Circuit Court of Appeals Chief Judge Alex Kozinski has one of the country’s finest legal minds. His opinions are literature. No weak argument makes its way past him. But, Judge Kozinski had a website. And on this website were photos of naked women painted as cows. With a naked woman here, and a naked woman there, here a naked woman, there a naked woman, everywhere a naked woman.  Judge Kozinski explained that he didn’t think the site was public. Then he explained that his son uploaded most of the bad stuff.  Then he said he made a mistake and uploaded the wrong files. Next, the dog ate my homework. Judge Kozinski has the right to do what he wishes on his private website. But what one can do and what one should do are two different things. There are legal questions, but here we have some ethical issues.
Judge Kozinski seems to be schooled enough in Internet issues to understand that not much is ever private on the web. And the concept of judicial temperament does come to mind.  Learned and wise are not the adjectives that come to mind when we see a website with naked women painted as cows. And, of course, the Barometer raises its age-old question, “How do they find the time for this stuff?” Federal judges seem to have time constraints similar to those of former governors and CEOs. Lots of gaps in the schedule for anonymous blogging, website activities, and dating.
But, you have really crossed an ethical line or two when you have such a website and you are presiding over the trial of film maker (?) Ira Isaacs, who is charged with making and distributing obscene videos. A conflict is a conflict is a conflict. The flummoxed prosecutor in the case asked for a stay until he could decide what to do after the Los Angeles Times reported on the Kozinski site and its content.
What is surprising is that no one at the court threw down the flag when Kozinski was chosen to preside over the case. Judge Kozinski led the insurrection at the Ninth Circuit to have the court administrators remove the pornography filters from the court’s computers. Why, no federal court should have to operate with that kind of prior restraint on net surfing.   Small wonder the fomenting high dudgeon erupted under Kozinski’s leadership.
The Barometer notes the classic language of rationalization in Judge Kozinki’s interview with the LA Times:
In the “Everybody does it!” category:
“Is it prurient? I don’t know what to tell you. I think it’s odd and interesting. It’s part of life.”
“People send me stuff like this all the time.”
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About mmjdiary
Professor Marianne Jennings is an emeritus professor of legal and ethical studies from the W.P. Carey School of Business at Arizona State University, retiring in 2011 after 35 years of teaching undergraduate and graduate courses in ethics and the legal environment of business. During her tenure at ASU, she served as director of the Joan and David Lincoln Center for Applied Ethics from 1995-1999. In 2006, she was appointed faculty director for the W.P. Carey Executive MBA Program. She has done consulting work for businesses and professional groups including AICPA, Boeing, Dial Corporation, Edward Jones, Mattel, Motorola, CFA Institute, Southern California Edison, the Institute of Internal Auditors, AIMR, DuPont, AES, Blue Cross Blue Shield, Motorola, Hy-Vee Foods, IBM, Bell Helicopter, Amgen, Raytheon, and VIAD.
The sixth edition of her textbook, Case Studies in Business Ethics, was published in February 2011. The ninth edition of her textbook, Business: lts Legal, Ethical and Global Environment was published in January 2011. The 23rd edition of her book, Business Law: Principles and Cases, will be published in January 2013. The tenth edition of her book, Real Estate Law, will also be published in January 2013. Her book, A Business Tale: A Story of Ethics, Choices, Success, and a Very Large Rabbit, a fable about business ethics, was chosen by Library Journal in 2004 as its business book of the year. A Business Tale was also a finalist for two other literary awards for 2004. In 2000 her book on corporate governance was published by the New York Times MBA Pocket Series. Her book on long-term success, Building a Business Through Good Times and Bad: Lessons from Fifteen Companies, Each With a Century of Dividends, was published in October 2002 and has been used by Booz, Allen, Hamilton for its work on business longevity. Her latest book, The Seven Signs of Ethical Collapse was published by St. Martin’s Press in July 2006 and has been a finalist for two book awards.
Her weekly columns are syndicated around the country, and her work has appeared in the Wall Street Journal, the Chicago Tribune, the New York Times, Washington Post, and the Reader's Digest. A collection of her essays, Nobody Fixes Real Carrot Sticks Anymore, first published in 1994 is still being published. She has been a commentator on business issues on All Things Considered for National Public Radio.
She has served on four boards of directors, including Arizona Public Service (1987-2000), Zealous Capital Corporation, and the Center for Children with Chronic Illness and Disability at the University of Minnesota. She was appointed to the board of advisors for the Institute of Nuclear Power Operators in 2004 and served on the board of trustees for Think Arizona, a public policy think tank. She has appeared on CNBC, CBS This Morning, the Today Show, and CBS Evening News.
In 2010 she was named one of the Top 100 Thought Leaders in Business Ethics by Trust Across America. Her books have been translated into four different languages. She received the British Emerald award for authoring one of their top 50 articles in management publications, chosen from over 15,000 articles.
Personal: Married since 1976 to Terry H. Jennings, Maricopa County Attorney’s Office Deputy County Attorney; five children: Sarah, Sam, and John, and the late Claire and Hannah Jennings.
