On February 10, 2015, the Louisiana Attorney Disciplinary Board recommended a one year suspension for a lawyer who utilized the internet and social media to raise an on-line petition on a matter she litigated and to urge the public to contact two judges (i.e., the judge of the Louisiana proceeding and the one of the Mississippi proceeding).
The lawyer represented a mother in a Louisiana child abuse case and in a Mississippi custody/visitation battle.
During the course of these proceedings, the Mississippi judge made certain rulings regarding custody and visitation, and involving allegations of sexual abuse. The Louisiana judge also made certain rulings, including declining to exercise subject jurisdiction in the adoption matter pending the outcome of the Mississippi proceedings.
Respondent disagreed with the rulings and turned to the internet and social media to disseminate information about the rulings, and “actively solicited the public to contact these judges”. While the lawyer argued that “she used the internet and social media to encourage members of the public to remind the judges to “do justice,” “apply the law,” “listen to the evidence,” and “protect children, the Louisiana Attorney Disciplinary Board found those action violative of the ethics rules. In particular, by disseminating false, misleading and inflammatory information on the internet and through social media about the two judges and their handling of pending domestic proceedings in Louisiana and Mississippi and by promoting the online petition, the lawyer violates Rule 8.4(c), Rule 8.4(d), Rule 3.5(a), and Rule 8.4(a). Also, the Disciplinary Board deemed that the lawyer, while not having ex parte communication with the judge, encouraged the public to do what she was forbidden to do by the Rule 3.5(b) (ex parte communication).
In Re: Joyce Nanine Mccool is available at https://www.ladb…
More information is available at http://www.abajournal…
Rules of Professional Conduct:
Rule 3.5(a) seeking to influence a judge by means prohibited by law
Rule 8.4(a) violating or attempting to violate the Rules of Professional Conduct;
Rule 8.4(c) engaging in conduct involving dishonesty, fraud, deceit or misrepresentation and Rule 8.4(d) engaging in conduct that is prejudicial to the administration of justice.
See Louisiana rules of professional conduct here.
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