Burnt Orange Report

Stop it.

By Jim Dallas

TAPPED has a little ditty implying that John O'Neill should be disbarred.

There are lots of things which ought right to be done to John O'Neill (one of the Swifties), but disbarment, at least for the reasons cited in the TAPPED post, is probably not one of them. To begin with , 8.02 seems to apply strictly to judicial candidates - judges, district attorneys, and attorneys general. Why drawing the line there would make sense ought to be obvious. But if it doesn't consider the reasoning in comment 8.02.1 - "Assessments by lawyers are relied on in evaluating the professional or personal fitness of persons being considered for election or appointment to judicial office and to
public legal offices, such as attorney general, prosecuting attorney and public defender. Expressing honest and candid opinions on such matters contributes to improving the administration of justice." It is this duty to uphold the administration of justice that creates a special obligation for attorneys not to engage in gutter-campaigning against judges and other attorneys.

Second, 8.04 would, I believe, is extremely general, almost a sort of catchall "don't do bad stuff." And the thrust of it, as far as I can tell, is that it is aimed at stuff that lawyers do in their capacity as lawyers, or that would reflect upon their lawyering. That said, I think the Swifties stuff makes O'Neill look hackish, but that doesn't necessarily change my opinion on his other professional activities.

If you're going to start pulling rules out of thin air, oughtn't the Bar ignore you?

This is just silly. Stop the "hunting of the Bush lawyers" on flimsy grounds.

UPDATE: On the other hand, the case against Ben Ginsburg is looking pretty solid.

Rule 8.02 Judicial and Legal Officials (a) A lawyer shall not make a statement that the lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge, adjudicatory official or public legal officer, or of a candidate for election or appointment to judicial or legal office. (b) A lawyer who is a candidate for judicial office shall comply with the applicable provisions of the Texas Code of Judicial Conduct. (c) A lawyer who is a candidate for an elective public office shall comply with the applicable provisions of the Texas Election Code. Comment: 1. Assessments by lawyers are relied on in evaluating the professional or personal fitness of persons being considered for election or appointment to judicial office and to public legal offices, such as attorney general, prosecuting attorney and public defender. Expressing honest and candid opinions on such matters contributes to improving the administration of justice. Conversely, false statements by a lawyer can unfairly undermine public confidence in the administration of justice. 2. When a lawyer seeks judicial or other elective public office, the lawyer should be bound by applicable limitations on political activity. 3. To maintain the fair and independent administration of justice, lawyers are encouraged to continue traditional efforts to defend judges and courts unjustly criticized.

Rule 8.04 Misconduct
(a) A lawyer shall not:
(1) violate these rules, knowingly assist or induce another to do so, or do so through the
acts of another, whether or not such violation occurred in the course of a client-lawyer
relationship;
(2) commit a serious crime or commit any other criminal act that reflects adversely on
the lawyers honesty, trustworthiness or fitness as a lawyer in other respects;
(3) engage in conduct involving dishonesty, fraud, deceit or misrepresentation;
(4) engage in conduct constituting obstruction of justice;
(5) state or imply an ability to influence improperly a government agency or official;
(6) knowingly assist a judge or judicial officer in conduct that is a violation of applicable
rules of judicial conduct or other law;
(7) violate any disciplinary or disability order or judgment;
(8) fail to timely furnish to the Chief Disciplinary Counsels office or a district grievance
committee a response or other information as required by the Texas Rules of
Disciplinary Procedure, unless he or she in good faith timely asserts a privilege or other
legal ground for failure to do so;
(9) engage in conduct that constitutes barratry as defined by the law of this state;
(10) fail to comply with section 13.01 of the Texas Rules of Disciplinary Procedure
relating to notification of an attorneys cessation of practice;
(11) engage in the practice of law when the lawyer is on inactive status or when the
lawyers right to practice has been suspended or terminated, including but not limited to
situations where a lawyers right to practice has been administratively suspended for
failure to timely pay required fees or assessments or for failure to comply with Article
XII of the State Bar Rules relating to Mandatory Continuing Legal Education; or
(12) violate any other laws of this state relating to the professional conduct of lawyers
and to the practice of law.
(b) As used in subsection (a)(2) of this Rule, serious crime means barratry; any felony
involving moral turpitude; any misdemeanor involving theft, embezzlement, or fraudulent
or reckless misappropriation of money or other property; or any attempt, conspiracy,
or solicitation of another to commit any of the foregoing crimes.

Posted by Jim Dallas at August 29, 2004 04:30 PM | TrackBack