Q: I work for a large bookstore and often process mail orders from prison inmates. Most are in for assault or burglary – I sometimes research them online – and reading might in some way better them.
But I fight the feeling that sex offenders, particularly those who harm children, should rot in a cell with nothing but the walls to occupy them. May I decline to handle their orders, or must I treat all my prisoners the same?
– L.T., Ohio
A: Your let-’em-rot theory of penology notwithstanding, these people are not your prisoners; they are your customers. And yes, you should treat all your customers the same – that is, fill their orders.
Every merchant – pharmacist, greengrocer or milliner – should do likewise, but a bookstore clerk, dealing in the exchange of ideas, has an even greater obligation. You are not a librarian, bound by a librarian’s code of ethics, but you should be guided by it. Your duty is to provide books to anyone, not to determine a person’s worthiness to read (or have a prescription filled or buy lettuce or wear a fetching hat).
What’s more, if buying a book required people to “better” themselves, hardly anybody would read anything. Were your criterion universally adopted, the real losers would be John Grisham, Stephen King, Danielle Steel – bettering to no one, beloved by millions, bewildering to me.
As Hamlet has it: “Use every man after his desert, and who shall scape whipping? Use them after your own honor and dignity. The less they deserve, the more merit is in your bounty.”
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Q: I am a lawyer. During a first date with another lawyer, we had sex, and I wore a condom. Days later, when I came down with a bad fever and couldn’t determine the cause, she revealed that she had genital herpes. A judgeship will soon open up in her county, and she’s a near lock for it. But if I report her lapse of sexual ethics, I doubt that the selection committee will pick her. Should I?
– Name Withheld
A: You should not. No doubt your paramour acted dreadfully. She should have told you that she had herpes and let you decide whether you wished to accept that risk. But the selection committee is not choosing a role model for the kids or someone to ride the express elevator to heaven; it seeks a person who will excel at a particular job. I do not believe that this sort of sexual misconduct correlates with an inability to be a good judge.
Some private conduct does bespeak an inability to do a job. A would-be jurist who belonged to the Klan or even one who regularly used racist slurs would not inspire confidence in his or her ability to dispense equal justice to all. You should come forward with relevant information like that. But being unscrupulous in bed does not presage being inept on the bench.


