Justia Legal Ethics Opinion Summaries

In 2012, a Pasadena officer shot and killed an unarmed man, resulting in multiple investigations, including by the Office of Independent Review Group (OIR). The Los Angeles Times made requests under the California Public Records Act (PRA), Gov. Code, 6250, seeking disclosure of the OIR’s 2014 report. Officers sought to enjoin the report’s disclosure. The court of appeal affirmed the denial of the officers' petition in 2015, finding that the report is a public document, and remanded for issuance of a new or modified judgment. The Times then sought attorney fees from the city under the PRA and from the two involved police officers and the Pasadena Police Officers Association, under the private attorney general statute (Code Civ. Proc., 1021.5). The trial court awarded the Times limited fees against the city and declined to award the Times any fees under section 1021.5. The court of appeal affirmed the award of limited fees under the PRA but reversed the order awarding no fees under the private attorney general statute, directing the trial court to award the Times reasonable fees against the officers and/or the Pasadena Police Officers Association. View "Pasadena Police Officers Association v. City of Pasadena" on Justia Law

Birts was charged with several counts of felony domestic violence, with special allegations for use of a deadly weapon, serious felony enhancements, prior strikes and prison priors. Shortly after the trial judge, Buchwald ruled on several pretrial motions, the District Attorney successfully moved to dismiss the case for insufficient evidence. The following day, the case was refiled under a new case number. The prosecutor stated that “[t]he dismissal was based on in limine rulings that were made excluding certain evidence. The refiled case was assigned to Buchwald. The District Attorney successfully moved to disqualify him under Code of Civil Procedure section 170.6. The court of appeal vacated, finding that the District Attorney’s peremptory challenge in the refiled case was untimely because the second action was a mere continuation of the first. View "Birts v. Superior Court" on Justia Law

Appellant sought review of the district court’s post-judgment orders denying his various post-judgment motions, including motions for disqualification of the district judge, to void judgment, and for declaratory relief. The appeal of the district court’s orders was wholly without merit, and sought review of multiple district court orders over which the Ninth Circuit lacked jurisdiction. Moreover, the Ninth Circuit noted the underlying district court action and burdensome post-judgment motions were part of appellant’s ongoing efforts to alter or amend a bankruptcy court order entered on October 2, 1984, dismissing a Chapter 11 bankruptcy proceeding. The motions panel filed a per curiam opinion granting in part and denying in part appellees’ motion for an award of sanctions against appellant following the panel’s partial dismissal of the appeal for lack of jurisdiction and partial summary affirmance of the district court’s post-judgment orders in a bankruptcy case. The motions panel held that the motion for sanctions pursuant to Fed. R. App. P. 38 was timely because it was filed within the time limits for filing a request for attorneys’ fees under 9th Cir. R. 39-1.6(a). Granting the sanctions motion in part, the panel awarded appellees attorney’s fees under Rule 38 for defending the appeal, which it concluded was frivolous. The motions panel denied in part the sanctions motion with respect to appellees’ request for sanctions pursuant to 28 U.S.C. 1927. The Ninth Circuit found appellees filed the motion for sanctions on October 26, 2017, within the time prescribed by Ninth Circuit Rule 39-1.6. See 9th Cir. R. 39-1.6(a). The Court exercised its discretion and granted in part appellees' sanctions motion under Rule 38 for defending this appeal; the motion remained denied pursuant to 28 U.S.C. 1927 (sanctions for filings which unreasonably and vexatiously multiply the proceedings). View "Westwood Plaza North v. Bodnar" on Justia Law

The Supreme Court ordered that Respondent William Henry Shipley, a deputy commissioner of the North Carolina Industrial Commission, be publicly reprimanded for violations of Canons 1 and 2A of the North Carolina Code of Judicial Conduct and for conduct prejudicial to the administration of justice that brings the judicial office into disrepute in violation of N.C. Gen. Stat. 7A-376.The Judicial Standards Commission recommended that Respondent be publicly reprimanded for engaging in conduct inappropriate to his office by wrecking his vehicle while driving under the influence of an impairing substance. The Supreme Court held (1) the Commission’s findings of fact were supported by clear, cogent, and convincing evidence in the record and supported the Commission’s conclusions of law; and (2) based upon these findings and conclusions and the Commission’s recommendation, Respondent should be publicly reprimanded. View "In re Inquiry Concerning a Deputy Commissioner, William Henry Shipley" on Justia Law

The Supreme Court ordered that Respondent William Henry Shipley, a deputy commissioner of the North Carolina Industrial Commission, be publicly reprimanded for violations of Canons 1 and 2A of the North Carolina Code of Judicial Conduct and for conduct prejudicial to the administration of justice that brings the judicial office into disrepute in violation of N.C. Gen. Stat. 7A-376.The Judicial Standards Commission recommended that Respondent be publicly reprimanded for engaging in conduct inappropriate to his office by wrecking his vehicle while driving under the influence of an impairing substance. The Supreme Court held (1) the Commission’s findings of fact were supported by clear, cogent, and convincing evidence in the record and supported the Commission’s conclusions of law; and (2) based upon these findings and conclusions and the Commission’s recommendation, Respondent should be publicly reprimanded. View "In re Inquiry Concerning a Deputy Commissioner, William Henry Shipley" on Justia Law

This case concerned a recent law school graduate's application to sit for the Washington State Bar Examination. Tarra Denelle Simmons had a history involving long-term substance abuse, multiple criminal convictions, and two bankruptcies. However, in the approximately five and a half years preceding her application to sit for the bar exam, Simmons successfully engaged in treatment for her substance abuse and childhood trauma. She maintained her sobriety since September 2011 and was not accused of any criminal or unethical behavior since then. The Washington Supreme Court found Simmons was entirely candid about her past when she applied to sit for the summer 2017 bar exam, and she readily provided further information as requested by counsel for the Washington State Bar Association (WSBA). Bar counsel referred Simmons' application to the WSBA Character and Fitness Board (Board), which recommended by a vote of six to three that Simmons' application be denied. The Supreme Court then reviewed her application and the Board's recommendation, heard oral argument, and granted Simmons' application in a unanimous order later that day. In this opinion, the Washington Court explained the reasons for its decision. View "In Bar Application of Simmons" on Justia Law

This case concerned a recent law school graduate's application to sit for the Washington State Bar Examination. Tarra Denelle Simmons had a history involving long-term substance abuse, multiple criminal convictions, and two bankruptcies. However, in the approximately five and a half years preceding her application to sit for the bar exam, Simmons successfully engaged in treatment for her substance abuse and childhood trauma. She maintained her sobriety since September 2011 and was not accused of any criminal or unethical behavior since then. The Washington Supreme Court found Simmons was entirely candid about her past when she applied to sit for the summer 2017 bar exam, and she readily provided further information as requested by counsel for the Washington State Bar Association (WSBA). Bar counsel referred Simmons' application to the WSBA Character and Fitness Board (Board), which recommended by a vote of six to three that Simmons' application be denied. The Supreme Court then reviewed her application and the Board's recommendation, heard oral argument, and granted Simmons' application in a unanimous order later that day. In this opinion, the Washington Court explained the reasons for its decision. View "In Bar Application of Simmons" on Justia Law

Brock-Miller pled guilty, with a plea agreement, to conspiracy to possess with intent to distribute heroin. She received a sentence of 10 years’ imprisonment. She then challenged her conviction under 28 U.S.C. 2255, asserting ineffective assistance of counsel during plea negotiations. The court declined to hold a hearing and denied the motion. The Seventh Circuit reversed and remanded for a hearing. The district court erred when it concluded that her prior conviction under Indiana Code 16- 42-19-18 was a felony drug offense under 21 U.S.C. 802(44) and that Brock-Miller was eligible for a recidivist enhancement. The court analyzed the wrong version of the state law; there is little to no overlap between the controlled substances listed in the federal definition of “felony drug offense” and the prescription “legend drugs” regulated by the Indiana law. Counsel’s apparent error in identifying the applicable Indiana statute and failure to file a plainly meritorious objection could constitute deficient performance if proved. View "Brock v. United States" on Justia Law

Brock-Miller pled guilty, with a plea agreement, to conspiracy to possess with intent to distribute heroin. She received a sentence of 10 years’ imprisonment. She then challenged her conviction under 28 U.S.C. 2255, asserting ineffective assistance of counsel during plea negotiations. The court declined to hold a hearing and denied the motion. The Seventh Circuit reversed and remanded for a hearing. The district court erred when it concluded that her prior conviction under Indiana Code 16- 42-19-18 was a felony drug offense under 21 U.S.C. 802(44) and that Brock-Miller was eligible for a recidivist enhancement. The court analyzed the wrong version of the state law; there is little to no overlap between the controlled substances listed in the federal definition of “felony drug offense” and the prescription “legend drugs” regulated by the Indiana law. Counsel’s apparent error in identifying the applicable Indiana statute and failure to file a plainly meritorious objection could constitute deficient performance if proved. View "Brock v. United States" on Justia Law

William Harris and David Pettinato were two attorneys who represented Summit Park Townhome Association who represented Summit Park in a lawsuit against its insurer. The two attorneys were sanctioned for failing to disclose information. The Tenth Circuit affirmed sanctions against them, finding that regardless of whether the district court had authority to require the disclosures, the attorneys were obligated to comply. They did not, and the district court acted reasonably in issuing sanctions, determining the scope of the sanctions, and calculating the amount of the sanctions. View "Auto-Owners Insurance Co. v. Summit Park Townhome Assoc." on Justia Law