Justia Legal Ethics Opinion Summaries

The Advisory Committee on Judicial Conduct (ACJC) found by clear and convincing evidence that respondent Carlia Brady, formerly a Judge of the Superior Court, violated Canon 1, Rule 1.1; Canon 2, Rules 2.1 and 2.3(A); and Canon 5, Rule 5.1(A) of the Code of Judicial Conduct (Code). The ACJC unanimously recommended the sanction of removal from judicial office. On June 11, 2013, officers of the Woodbridge Township Police Department (WTPD) arrested respondent at her home in Woodbridge. She was charged in a complaint warrant with hindering the apprehension of another, in violation of N.J.S.A. 2C:29-3, by “knowingly harboring Jason Prontnicki, a known fugitive,” in her residence. Respondent was indicted on three charges: second-degree official misconduct; third-degree hindering apprehension or prosecution; and third-degree hindering apprehension. The trial court granted respondent’s motion to dismiss the official misconduct charge but denied her motion to dismiss the hindering apprehension or prosecution charges. The State appealed the dismissal of the official misconduct charge, and respondent appealed the denial of her motion to dismiss the other charges. The Appellate Division affirmed the trial court’s determinations and remanded the matter to the trial court for further proceedings. The State later moved to dismiss with prejudice the remaining two counts of the indictment. The trial court granted that motion, thus concluding the criminal proceedings against respondent. On March 6, 2018, the New Jersey Supreme Court reinstated respondent to her duties as a Superior Court judge. Several months later, the ACJC issued its complaint. After review, the New Jersey Supreme Court modified the sanction of removal recommended by the ACJC and imposed a three-month suspension on respondent. "We view that sanction to be commensurate with the conduct proven by clear and convincing evidence and to further our disciplinary system’s purpose of preserving public confidence in the judiciary." View "In the Matter of Carlia M. Brady" on Justia Law

QHG of Enterprise, Inc., d/b/a Medical Center Enterprise ("QHG"), appealed a circuit court's judgment awarding Amy Pertuit ("Amy") $5,000 in compensatory damages and $295,000 in punitive damages. Leif Pertuit ("Leif") had been married to Deanna Mortensen; they had one child, Logan. Leif and Mortensen divorced in 2007. At some point, Mortensen was awarded sole physical custody of Logan, and Leif was awarded visitation. Leif later married Amy, a nurse. At the time of their marriage, Leif and Amy resided in Mobile, Alabama, and Mortensen resided in Enterprise. Eventually, tensions arose between Leif and Mortensen regarding the issue of visitation. In March 2014, Mortensen began sending text messages to Leif accusing Amy of being addicted to drugs. Around that time, Mortensen visited the attorney who had represented her in divorce from Leif. Mortensen expressed concern that Logan was in danger as a result of the visitation arrangement and asked her attorney to assist with obtaining a modification of Leif's visitation. In April 2014, Mortensen contacted Dr. Kathlyn Diefenderfer, a physician whom QHG employed as a hospitalist at Medical Center Enterprise. Mortensen had been Dr. Diefenderfer's patient, and Dr. Diefenderfer's son played sports with Logan. Mortensen informed Dr. Diefenderfer that Logan was scheduled to ride in an automobile with Amy from Enterprise to Mobile for Leif's visitation and expressed concern regarding Amy's ability to drive, given her belief that Amy was using drugs and had lost her nursing license. Dr. Diefenderfer used a hospital computer to check on Amy's drug prescriptions. After reviewing that information,Dr. Diefenderfer told Mortensen: "All I can tell you is I would not put my son in the car." Mortensen went back to her attorney, informing him that Dr. Diefenderfer had acquired the necessary proof of Amy's drug use. Amy received a copy of the modification petition, and was convinced her private health information had been obtained in violation of HIPAA, and filed complaints to the Enterprise Police Department, the US Department of Health and Human Services, the Alabama Bar Association, and the Alabama Board of Medical Examiners. A grand jury indicted Mortensen and Dr. Diefenderfer, which were later recalled, but the two entered diversion agreements with the district attorney's office. Amy then filed suit alleging negligence and wantonness, violation of her right to privacy, the tort of outrage and conspiracy. The Alabama Supreme Court determined the trial court erred by denying QHG's motion for a judgment as a matter of law with respect to Amy's asserted theories of respondeat superior; ratification; and negligent and wanton training, supervision, and retention because there was not substantial evidence indicating that QHG was liable to Amy as a consequence of Dr. Diefenderfer's conduct under any of those theories. The trial court's judgment awarding Amy $5,000 in compensatory damages and $295,000 in punitive damages was reversed, and judgment rendered in favor of QHG. View "QHG of Enterprise, Inc., d/b/a Medical Center Enterprise v. Pertuit" on Justia Law

Following an investigation, the Mississippi Commission on Judicial Performance determined that Copiah County Justice Court Judge Teresa Bozeman had violated Canons 1, 2A, 2B, 3B(2), 3B(7), and 3C(1) of the Code of Judicial Conduct as well as Mississippi Code Section 9-11-9 (Rev. 2019). During her tenure on the bench, Judge Bozeman’s conduct resulted in violations of the Code of Judicial Conduct and Mississippi Code Section 9-11-9. Specifically, Judge Bozeman (1) initiated improper ex parte communications to investigate a pending civil matter, (2) failed to comply with the statutory limitations of money judgments in justice court, and (3) retaliated against a complainant who filed a complaint with the Commission. The Commission found that Judge Bozeman’s conduct constituted willful misconduct in office and conduct prejudicial to the administration of justice that brought the judicial office into disrepute, actionable under article 6, section 177A, of the Mississippi Constitution. The Commission recommended that Judge Bozeman be suspended from office without pay for thirty days, be publicly reprimanded, and be fined $1,000. After review, the Mississippi Supreme Court found the agreed recommendation was appropriate and commensurate with similar cases of misconduct. Thus, the joint motion was granted, and Judge Bozeman was suspended from office without pay for thirty days, was publicly reprimanded, and fined $1,000. View "Mississippi Comm'n on Judicial Perf. v. Bozeman" on Justia Law

Respondent Eric Nisley was elected to the office of Wasco County District Attorney and began serving a four-year term in January 2017. After respondent’s election, the Oregon State Bar charged him with several violations of the Oregon Rules of Professional Conduct. The Oregon Supreme Court ultimately reviewed the case against respondent, concluded that he had committed some of the charged violations, and imposed the sanction of a 60-day suspension from the practice of law, beginning February 2020. The Supreme Court agreed to exercise its original jurisdiction in the nature of quo warranto to determine whether respondent was the lawful holder of that office. The dispute turned on whether the 60-day suspension from the practice of law caused respondent to “cease[ ] to possess” a qualification for holding office—thus creating a vacancy in the public office—as contemplated by ORS 236.010(1)(g). The Supreme Court concluded respondent’s brief suspension from the practice of law did not render the office of Wasco County District Attorney vacant. View "Oregon ex rel Rosenblum v. Nisley" on Justia Law

Innovative Images, LLC sued its former attorney James Summerville, Summerville Moore, P.C., and The Summerville Firm, LLC (collectively, the “Summerville Defendants”) for legal malpractice. In response, the Summerville Defendants moved to dismiss the suit and to compel arbitration in accordance with the parties’ engagement agreement, which included a clause mandating arbitration for any dispute arising under the agreement. The trial court denied the motion, ruling that the arbitration clause was “unconscionable” and thus unenforceable because it had been entered into in violation of Rule 1.4 (b) of the Georgia Rules of Professional Conduct (“GRPC”) for attorneys found in Georgia Bar Rule 4-102 (d). The Court of Appeals reversed, holding that the arbitration clause was not void as against public policy or unconscionable. The Georgia Supreme Court concluded after review that regardless of whether the Summerville Defendants violated GRPC Rule 1.4 (b) by entering into the mandatory arbitration clause in the engagement agreement without first apprising Innovative of the advantages and disadvantages of arbitration, the clause was not void as against public policy because Innovative did not argue, and no court has held, that such an arbitration clause could never lawfully be included in an attorney-client contract. For similar reasons, the Supreme Court held the arbitration clause was not substantively unconscionable, and on the limited record before it, Innovative did not show the clause was procedurally unconscionable. Accordingly, the Court affirmed the appellate court's judgment. View "Innovative Images, LLC v. Summerville et al." on Justia Law

A confidential source, “Bonz” told Champaign Police that he knew a crack cocaine dealer named Moe. Over a few months, the department conducted five controlled buys from Moe, consistent with information from Bonz. After reviewing the video of the transactions, officers identified Moe as Orr, who was on parole after being convicted of unlawful possession of a controlled substance with intent to deliver. Bonz identified a picture of Orr. Officers tied the involved vehicle and apartment to Orr. Pursuant to a warrant, officers searched Orr’s apartment. They found a semi-automatic pistol with ammunition, approximately 22 grams of crack cocaine, approximately 15 grams of powdered cocaine, and drug paraphernalia. Orr voluntarily admitted that the gun and cocaine were his. Indicted for possessing a firearm as a felon, 18 U.S.C. 922(g), Orr unsuccessfully moved to suppress the evidence, asserting Bonz was an unreliable source.Orr testified that he had no reason to possess a firearm. The prosecutor presented evidence of Orr’s drug involvement. The jury found Orr guilty. Before sentencing, the Judicial Council of the Seventh Circuit determined that Judge Bruce had breached the Code of Conduct for U.S. Judges by engaging in improper ex parte communications in other cases with members of the U.S. Attorney’s Office. Although the Council found no evidence that those communications affected the outcome of any case, it suspended Bruce from all criminal matters involving the U.S. Attorney’s Office for one year. Orr’s case was transferred to another judge. The Seventh Circuit vacated Orr’s conviction. Judge Bruce’s conduct “cast a pall over certain decisions" that "required the exercise of substantial discretion.” This was not harmless error. View "United States v. Orr" on Justia Law

Jonathon Frantz appealed a district court’s award of attorney fees entered against him and his clients, jointly and severally, as a sanction for frivolous conduct. This appeal arose from an easement dispute among family members. The land at issue was split into multiple parcels: the Tracy Parcel, the Mathis/Roll Parcel, and the Osborn Parcel. Plaintiffs Brook Tracy and Travis Mathis owned the Tracy Parcel; Plaintiffs Gailord “Cowboy” Mathis, Brook Tracy, Laura Roll, and Rebecca Stafford owned the Mathis/Roll Parcel; and David and Naomi Osborn owned the Osborn Parcel. In 2018, Plaintiffs filed a complaint against the Osborns. Frantz was Plaintiffs’ attorney. Plaintiffs claimed that more than thirty years ago they “constructed/placed a home” on the Tracy Parcel, “constructed/placed a cabin” on the Mathis/Roll Parcel, and “created a driveway” through the Osborn Parcel to access their respective properties. Plaintiffs also claimed that for more than thirty years they had openly and continuously used the driveway over the Osborn Parcel for access to the nearest public right-of-way, Highland Drive, which was the only reasonable way to reach their respective properties. Based on this use, Plaintiffs claimed that they had an easement by necessity, an easement by implication, or a prescriptive easement across the Osborn Parcel along the existing driveway. Accordingly, Plaintiffs sought a judgment from the district court declaring their rights in the driveway. The trial court denied a preliminary injunction for two reasons: (1) “the allegations in the complaint and the motion contain[ed] gross exaggerations, if not falsehoods” and “the credibility of all of the plaintiffs” was questionable; and (2) Plaintiffs could not establish entitlement to the relief demanded because they came to the hearing unprepared to support the easement theories they advanced with any competent evidence. The Osborns moved for attorney fees, leaving it to the trial court's discretion to award Rule 11 sanctions "if the [c]ourt determines that this motion was pursued frivolously." On appeal, Frantz contended the district court abused its discretion in awarding attorney fees against him personally because it: (1) failed to follow the procedural requirements set out in Idaho Code section 12-123; and (2) erroneously found that he engaged in frivolous conduct. After review, the Idaho Supreme Court concluded this matter did not present a justiciable controversy because the judgment was satisfied and Frantz did not preserve his right to appeal pursuant to Idaho Code section 10-1115. Accordingly, the Court dismissed Frantz’s appeal because the issues before the Court were moot. View "Frantz v. Osborn" on Justia Law

In 1995, 17 plaintiffs sued the Highsmiths on several promissory notes. The parties entered into a stipulation; a single judgment was entered in favor of the plaintiffs in various amounts. In 2005, an attorney representing the plaintiffs renewed the judgment using the standard Judicial Council form. The attorney subsequently died. When the judgment was again due to be renewed in 2015, one of the plaintiffs (Bisordi) did so, again using the standard form. Defendants moved to vacate the 2015 renewal, arguing that it was void because to the extent one plaintiff purported to file it on behalf of the others, doing so constituted the unauthorized practice of law. The trial court agreed. The court of appeal reversed. Bisordi was acting in a “clerical” capacity, or as a “scrivener.” The statutory renewal of judgment is an automatic, ministerial act accomplished by the clerk of the court; entry of the renewal of judgment does not constitute a new or separate judgment. Bisordi did not hold himself out as any kind of attorney, offer the other creditors any legal advice, or resolve for them any “difficult or doubtful legal questions” that might “reasonably demand the application of a trained legal mind.” View "Altizer v. Highsmith" on Justia Law

Their father set up a trust for the benefit of Elizabeth and Thomas, giving the siblings equal interests; if either died without children, the other would receive the remainder of the deceased sibling’s share. Thomas approached Elizabeth after their father's death, wanting to leave a portion of his share to his wife, Polly. In 1998, Elizabeth retained the defendants to terminate the trust; the representation letter made no mention of a life estate for Polly or a subsequent remainder interest for Elizabeth. The settlement agreement did not mention Polly or a life estate, nor did it restrict what either sibling could do with the trust funds. The agreement contained a liability release and stated that it was the only agreement among the parties. In 1999, Elizabeth signed the agreement and the petition to dissolve the trust. In 2000, the probate court granted the petition. Elizabeth and Thomas each received more than a million dollars. Thomas died in 2009 without children; his will devised his assets to Polly. When Polly died in 2015, she left her estate to her children. Elizabeth filed a malpractice claim.The Seventh Circuit affirmed summary judgment for the defendants, holding that the two-year Indiana statute of limitations began running no later than 2000 and that if Elizabeth had practiced ordinary diligence, she could have discovered then that her wishes had not been followed. View "Ruckelshaus v. Cowan" on Justia Law

Day was indicted for conspiracy to commit wire fraud after participating in a fraudulent “credit repair” scheme. The government offered Day a plea deal that would have yielded a probable sentencing range of 51-63 months’ imprisonment. Day’s federal defender advised him to accept the deal. His father urged him to consult a private lawyer—an acquaintance with no experience in criminal law. That lawyer brought in an attorney experienced in federal criminal law. The two told Day that he was not guilty and should reject the offer. Day hired the two lawyers. The federal defender withdrew and offered to make her file available. The government extended the same offer six weeks before trial. Though they had not yet reviewed the case materials, Day’s new lawyers advised him to reject it. Day declined the deal. At the final pretrial hearing, Day again rejected the plea offer. The lawyers later told Day he would lose at trial. Day told them to get the best deal they could. They instead advised him to throw himself on the mercy of the court.Day pleaded guilty without an agreement, facing a sentencing range of 87-108 months. The district judge imposed a 92-month sentence. Day sought relief under 28 U.S.C. 2255, arguing that his attorneys were constitutionally ineffective. The Seventh Circuit vacated. The government conceded the deficient-performance element of Day’s Sixth Amendment claim. The facts set forth in his motion, if proven, could establish prejudice. View "Day v. United States" on Justia Law