Wednesday, April 16, 2014

F Bombs As Ethics Violations

The North Carolina State Bar has filed ethics charges against an attorney who is characterized as an organizer and member of the "Occupy Asheville" movement.

The allegations relate to the attorney's visit to a detention facility after arrest warrants had been issued for other members of the movement.

The attorney allegedly identified herself as an attorney and asked a magistrate, "[w]hat the hell is going on around here" with the arrest warrants.

The magistrate asked her to "watch [her] language."

The attorney sought a list of persons named in the warrants. Her request was denied.

Then, it is alleged, the attorney asked the magistrate, "what the fuck is going on around here," expressed the view that "this is a bunch of bullshit," "Oh yeah, I said fuck," "This is fucking ridiculous," and "This is fucking crazy."

The charge: undignified or discourteous behavior that is degrading to a tribunal. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2014/04/the-north-carolina-state-bar-has-filed-ethics-charges-against-an-attorney-who-is-characterized-as-an-organizer-and-member-of.html

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Comments

Courteous language is appropriate when once warned by a judge in open court. However, since the colloquy was deemed First Amendment free speech and was not used in the context of sexual harassment by the 9th Circuit Court of Appeals, the judge needs to take that ruling into context, as well. Nobody has virgin ears these days.

Posted by: LAB | Apr 17, 2014 10:10:52 AM

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