The Facebook Password Ethical Dilemma Hits Albany

To follow up yet again on the Facebook password issue (see posts from April 11th and March 24th),

If Albany County Legislature Chairman Shawn Morse has his way, employers won’t be able to look at things potential employees post on Facebook. Unless, it’s done publicly.

Morse says he plans to introduce legislation that would ban county employers from asking for prospective employees’ social media account passwords.

The full story from the Times Union can be found here.

Justice and Criminal Justice Fees

Economist Alex Tabarrok writes:

Debtor’s prisons are supposed to be illegal in the United States but today poor people who fail to pay even small criminal justice fees are routinely being imprisoned. The problem has gotten worse recently because strapped states have dramatically increased the number of criminal justice fees. In Pennsylvania, for example, the criminal court charges for police transport, sheriff costs, state court costs, postage, and “judgment.” Many of these charges are not for any direct costs imposed by the criminal but have been added as revenue enhancers. A $5 fee, for example, supports the County Probation Officers’ Firearms Training Fund, an $8 fee supports the Judicial Computer Project, a $250 fee goes to the DNA Detection Fund. Convicted criminals may face dozens of fees (not including fines and restitution) totaling a substantial burden for people of limited means. Fees do not end outside the courtroom. Jailed criminals can be charged for room and board and for telephone use, haircuts, drug tests, transportation, booking, and medical co-pays. In Arizona, visitors to a prison are now charged a $25 maintenance fee. In PA in order to get parole there is a mandatory charge of $60. While on parole, defendants may be further assessed counseling, testing and other fees. Interest builds unpaid fees larger and larger. In Washington state unpaid legal debt accrues at an interest rate of 12%. As a result, the median person convicted in WA sees their criminal justice debt grow larger over time.

Worse, these fees are often charged before the individual has been convicted. Tabarrok makes the point that while there is some appeal to passing the costs of the justice system on to its “users,” these fees put a heavy burden on those least able to pay, including both criminals, who are usually poor, and their families.  Debt related to the fees creates additional barriers to reintegration into society, thereby undermining the effectiveness of the system.

The whole post is worth reading, along with the comments.

When You are Better Off Representing Yourself

The lawyer whose work the justices had considered was the least of it; he had merely been unresponsive and incompetent. Mr. Holland’s earlier lawyers had failed him in much more colorful ways.

Consider Kenneth Delegal, who was assigned to defend Mr. Holland at a 1996 retrial on charges that he had killed a Pompano Beach police officer in 1990. Mr. Delegal was removed from the case after being sent to a mental health facility. Later, the two men would see each other at the Broward County jail, where Mr. Delegal was held on drug and domestic violence charges.

The next lawyer, James Lewis, was a friend of Mr. Delegal’s and had shared office space with him. When Mr. Delegal went to court after his removal from Mr. Holland’s case, seeking to be paid about $40,000 for his work on it, the new lawyer testified on behalf of the old one, saying the fees had been “reasonable and necessary.”

Mr. Delegal died of a drug overdose about a month after the fee hearing, and a local paper asked his former colleague Mr. Lewis about his troubles. “I heard some rumors,” Mr. Lewis said, “but I chose not to know.”   [. . .]

However, upon waiving your right to court-appointed counsel, be careful not to represent yourself too effectively:

As proof that Mr. Holland was no longer mentally ill, Judge Greene praised him as an able advocate who had “correctly argued case law and factual issues to the court.” His legal skills, then, were proof that he was fit to be executed — but not good enough that he be allowed to defend himself.

From the New York Times.  More here.

Lawmakers Heed Facebook’s Ethical Advice

Following up on a prior post (March 24th), Maryland has quickly enacted legislation prohibiting employers from asking for social media passwords, and it looks like Congress may be stirring on this issue, too: 

If you’re worried about an employer or potential employer asking for your Facebook or Twitter password, you might just want to move to Maryland. The state’s General Assembly has become the first to pass a bill to keep social media passwords safe from employers.

Just a few weeks ago national attention was put on the issue of job applicants and employees being asked for their Facebook passwords so that companies could ensure the individuals had appropriate social media identities.

In response, New York Sen. Charles Schumer and Connecticut Sen. Richard Blumenthal asked the U.S. Department of Justice to investigate if the practice violates federal laws.

The full ABC News story can be found here.  Maybe the fired elementary school teacher’s aide should move to Maryland.