Invective on Appeal: Impugning the Integrity of Judges

Appellate lawyers have the same ethical duties as trial lawyers, but there are some specific issues that come up. One big problem is when lawyers criticize judges in court filings or public statements after they lose a case. This is against the rules and can lead to discipline for the lawyer. The rule says that lawyers can’t make false statements or say bad things about a judge’s qualifications or honesty. This article looks at cases where lawyers have gotten in trouble for making critical comments about judges. It also discusses whether these comments are facts or just opinions. In most cases, it doesn’t matter – insulting a judge can get a lawyer in trouble, whether it’s fact or opinion. A lawyer criticized a judge on TV and got in trouble for it. The lawyer said the judge made up his mind before writing a decision and reached the conclusion he wanted. The Missouri Bar filed a complaint against the lawyer, and the state supreme court reviewed the case. The majority of the court said the lawyer’s statement implied the judge was dishonest and lacked integrity, and could be proven true or false. A dissenting judge disagreed, saying the lawyer was just criticizing the judge’s opinion, which is common. The court had to decide if the lawyer knew his statement was false or disregarded the truth. The majority rule is that the lawyer’s statement must have an objectively reasonable factual basis. The court gave the lawyer a public reprimand. The court’s opinion in Standing Comm. on Discipline v. Yagman discusses rules for lawyers’ behavior. The court said that lawyers can criticize judges as long as they are expressing their opinions and not making false statements. They also said that it’s the disciplinary body’s job to prove that the lawyer’s statements are false. In this case, the court found that the lawyer should not be punished for calling a judge anti-Semitic or saying that the judge was the worst in the district, because these were just the lawyer’s opinions. The court considered a punishment for a lawyer who made comments that could interfere with the justice system. The court said that the lawyer’s comments didn’t pose an immediate threat to the justice system. Other courts have disciplined lawyers for saying bad things about judges because lawyers have to follow ethical rules and be respectful to the court. So, lawyers should be careful about what they say. Don’t insult judges or make false accusations in legal documents. Lawyers have gotten in trouble for calling judges biased and using harsh language. It can lead to disciplinary action or even suspension from practicing law. It’s important for lawyers to show respect to the legal system and the people in it, even when they disagree with court rulings. So be careful with your words and always be respectful in legal papers. An attorney was disbarred for writing a mean letter to a judge while a case was on appeal. The court said it was wrong to try to prejudice the case, and the lawyer showed no remorse. The court also said that being rude is not a good way to argue a case. So, it’s important for lawyers to be respectful and professional in their arguments, or it could hurt their reputation and their client’s case. This passage discusses cases where lawyers have made disrespectful or insulting comments about judges, which is not allowed. The legal rules for professional conduct for lawyers are also discussed. In some cases, lawyers have been reprimanded or disciplined for their behavior. It’s important for lawyers to show respect for the legal system and the people who work in it. If a lawyer believes a judge is biased or unethical, they can file a complaint with the appropriate authority.

Source: https://www.floridabar.org/the-florida-bar-journal/invective-on-appeal-impugning-the-integrity-of-judges/