Justia Legal Ethics Opinion Summaries

Kristan Peters, an attorney admitted to the bars of both New York and Connecticut and formerly a partner at the law firm of Dorsey & Whitney, appealed from an order of the Committee on Grievances for the United States District Court for the Southern District of New York ("Grievance Committee") suspending her from practicing law before that court for a period of seven years. The Grievance Committee found that she had engaged in misconduct which involved instructing a junior attorney to deface transcripts ("Brackett allegation") and violating a confidentiality order ("Confidentiality Order allegation"). At issue was whether the Grievance Committee's failure to hold an independent hearing, and its reliance on a prior sanctions hearing in the underlying litigation, violated her due process rights and the district court's local rules. Also at issue was whether the two charges of misconduct now at issue did not, as a matter of law, support the Grievance Committee's imposition of discipline. The court held that Peters was not provided adequate prior notice of the Brackett allegation or adequate opportunity to cross-examine witnesses. The court also held that evidence concerning the Confidentiality Order allegation was not adequately developed during that prior proceeding so as to permit the Grievance Committee to forego an independent evidentiary hearing in the present matter. Therefore, the court vacated the Grievance Committee's suspension order and remanded the matter for the further proceedings.

The district court denied a petition for habeas corpus by an inmate serving 40 years for attempted murder and aggravated battery on a senior citizen and certified three issues as appealable. The Seventh Circuit clarified the obligation of appointed appellate counsel. Counsel has no obligation to argue claims, urged by the client, that were not certified as appealable, but could request amendment of the certificate if the claims are debatable. If counsel regards certified issues as frivolous those issues need not be argued and counsel should inform the court. Because prisoners do not have a right to appointed counsel on collateral claims there is no tension between the constitutional right to representation and the ethical obligation to not advance frivolous claims.