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Joined: Mar 2013
Posts: 112
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OP
Campfire Member
Joined: Mar 2013
Posts: 112 |
How is it possible to accuse, on a public, Internet forum (not this forum), Alaska's BoF Chairman, Judge Karl Johnstone of "unethical behavior" and then try to justify the accusation by quoting the Alaska Commission on Judicial Conduct's statement that: "Even though we recognize -- and indeed emphasize -- that we have found no actual impropriety on the part of Judge Johnstone, we conclude that a public reprimand is appropriate in light of the substantial harm caused by the appearance of impropriety . . Since when does the "appearance" of impropriety equate to "unethical behavior"? Why is such villainous slander even permitted on an Internet forum with rules that state "comments about people [are not welcome]?
Last edited by Olaf; 02/10/14.
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Joined: Aug 2006
Posts: 20,554
Campfire Ranger
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Campfire Ranger
Joined: Aug 2006
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Why don't you take it up with the person that posted the supposed "slander" instead of trying to get the answer from here? Was it an Alaska based website where it was posted? AOD?
That's ok, I'll ass shoot a dink.
Steelhead
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Campfire Kahuna
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Campfire Kahuna
Joined: Feb 2001
Posts: 50,643 Likes: 1 |
Could be because Johnstone has run the ragged edge of the law for a long time... And because they are supposed to avoid any behavior with even an appearance of impropriety.
Quoting an actual proclamation of reprimand is citing factual data and hardly subject to any question of slander or libel.
Mark Begich, Joaquin Jackson, and Heller resistance... Three huge reasons to worry about the NRA.
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Joined: Mar 2013
Posts: 112
Campfire Member
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OP
Campfire Member
Joined: Mar 2013
Posts: 112 |
Gee whiz, guys, you are completely missing the point of my question. Here we have a public servant, a man proposed for the position by our governor and approved by our legislature being publicly accused on an Internet forum thusly: '. . the unethical behavior of the chairman is well known to everyone . . " Well, golly, 'tain't so. Not "well known" to me. Doesn't matter who's slinging the slander, doesn't matter who's providing a place for the slander to be slung. What matters is that a public figure is being publicly slandered with unsubstantiated accusations of "unethical behavior" and then attempting to justify that slander by citing the " appearance" of something totally different. How is such crap even possible? If I were Judge Johnstone, I'd be talking to my lawyer.
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Joined: Dec 2003
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Campfire Oracle
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Campfire Oracle
Joined: Dec 2003
Posts: 86,285 Likes: 27 |
If you take the time it takes, it takes less time.
--Pat Parelli
American by birth; Alaskan by choice.
--ironbender
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Joined: Mar 2013
Posts: 112
Campfire Member
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OP
Campfire Member
Joined: Mar 2013
Posts: 112 |
My question is my point . . .
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Joined: Jan 2001
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Campfire Ranger
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Campfire Ranger
Joined: Jan 2001
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If you're looking for decorum, internet chat forums are the wrong place to find it.
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Joined: Feb 2002
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Campfire Tracker
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Campfire Tracker
Joined: Feb 2002
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If I were Judge Johnstone, I'd be talking to my lawyer. So...are you?
"You've been here longer than the State of Alaska is old!"
*** my Grandaughters
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Joined: Aug 2003
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Campfire Ranger
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Campfire Ranger
Joined: Aug 2003
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Most of the time, around here, the decorum isn't much fancier than the furniturum.
Sometimes, the air you 'let in'matters less than the air you 'let out'.
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Joined: Dec 2003
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Campfire Oracle
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Campfire Oracle
Joined: Dec 2003
Posts: 86,285 Likes: 27 |
My question is my point . . . Which question, then? "Forum decorum?" There was a question mark, so I'll just assume it was a question. .................................................... Or was it... "How is it possible to accuse,..." ..................................................... Or was it... "Since when does... ...................................................... Or was it... "Why is such villainous slander..." ...................................................... So again, what was your point? And, why bring some other website "problem" over here rather than deal with it where it occurred?
If you take the time it takes, it takes less time.
--Pat Parelli
American by birth; Alaskan by choice.
--ironbender
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Joined: Feb 2002
Posts: 4,263 Likes: 2
Campfire Tracker
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Campfire Tracker
Joined: Feb 2002
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Here's the link to the full Alaska Supreme Court decision that was cited: Alaska Supreme Court decision Supreme Court of Alaska.
IN RE: the proceeding under AS 22.30.070(c) in relation to Karl S. JOHNSTONE, Petitioner.
No. S-8387.
38.  In light of this conclusion, we see no need to attempt a comprehensive definition of �appearance of impropriety.�   At a minimum, an improper appearance could be found where a thorough investigation of all available information would leave an intelligent and reasonably informed member of the public with an undispelled suspicion of actual impropriety.   But the notion of undispelled suspicion is not definitive.   Because conduct that necessitates a full-scale inquiry to allay public suspicion itself suggests impropriety, an impermissible appearance also might be found-regardless of whether an investigation eventually dispelled suspicion of actual misconduct-if readily avoidable conduct foreseeably caused reasonably intelligent and informed members of the public to demand a full inquiry into suspected impropriety.   Ultimately, what qualifies as an appearance of impropriety may defy precise definition.   But this case requires no such precision, for our acceptance of the commission's finding of an �unmistakable appearance that something improper was afoot� necessarily establishes that Judge Johnstone's conduct falls far closer to the core of the prohibition than to its borderline. Might just answer "one or two" of the OP's questions, in particular...the "how does it" question. "Don't think a libel suit it makes" ("but I used my best Yoda voice  )
"You've been here longer than the State of Alaska is old!"
*** my Grandaughters
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