Justia Legal Ethics Opinion Summaries

In December 2014, real party in interest Rito Tejeda was charged with murder. A year later, respondent Superior Court of Orange County assigned Tejeda’s case to Judge Thomas Goethals for all purposes and set the matter for a pre-trial hearing in Judge Goethals’ courtroom. That same day, the State moved to disqualify Judge Goethals pursuant to Code of Civil Procedure section 170.6. The declaration represented that Judge Goethals “is prejudiced against the party or the party’s attorney, or the interest of the party or party’s attorney, such that the declarant cannot, or believes that he/she cannot, have a fair and impartial trial or hearing before the judicial officer.” Later that day, the superior court denied the motion to disqualify Judge Goethals. The superior court took judicial notice of facts and events outside the scope of this particular case in supporting its conclusions: (1) the district attorney’s office was engaged in improper “‘blanket papering’” of Judge Goethals in murder cases; and (2) the effect of the blanket challenge was to “substantially disrupt[] the orderly administration of criminal justice in Orange County.” The State appealed the superior court's denial of its motion. The Court of Appeal reversed. "In our view [. . .'Solberg v. Superior Court' 19 Cal.3d 182 (1977)], anticipated circumstances very similar to those faced here. Rightly or wrongly, the Solberg court concluded the peremptory challenge at issue would not constitute a separation of powers violation. Because we are bound by the reasoning in Solberg, we must grant the petition for writ of mandate." View "California v. Superior Court (Tejeda)" on Justia Law

Attorney Donald Gilbert represented the Utah Down Syndrome Association and several of its founders in litigation between the Association and the Utah Down Syndrome Foundation, Inc. Gilbert filed this petition for extraordinary relief challenging (1) a 2008 district court judgment ordering Gilbert to disgorge $30,000 taken from Foundation bank accounts to pay his attorney fees, (2) an injunction that originally barred Gilbert’s clients from paying him with Foundation funds, (3) an order denying Gilbert’s motion to vacate the 2008 judgment, and (4) an order denying Gilbert’s motion for relief from the 2008 judgment. The Supreme Court denied Gilbert’s petition for extraordinary relief, holding (1) Gilbert unreasonably delayed seeking extraordinary relief from the injunction, the disgorgement order, and the denial of his motion to vacate; and (2) Gilbert failed to pursue the plain, speedy, and adequate remedy of direct appeal from the denial of his motion for relief from judgment. View "Gilbert v. Third Dist. Court Judges" on Justia Law

The Committee on Judicial Responsibility and Disability filed a report against Probate Judge Robert Nadeau. The Committee alleged that Judge Nadeau violated the Maine Code of Judicial Conduct based on statements he made in a letter to counsel regarding a court proceeding in which he was a party and based on his judge-related Internet and social media activity. The Supreme Judicial Court held that Judge Nadeau committed one actionable violation of the Code based on his statements to counsel. The Court imposed a public censure and reprimand and a thirty-day suspension from the performance of his duties as judge of the Probate Court. View "In re Robert M.A. Nadeau" on Justia Law

Fowler pleaded guilty in Indiana to unlawful possession of a firearm by a “serious violent felon” who was also a habitual offender. The judge sentenced him to 15 years’ imprisonment for the possession offense and 15 extra based on his criminal history. While his case was on appeal, the Supreme Court of Indiana held (Mills) that a prior conviction used to establish “serious violent felon” status cannot also be used to establish habitual offender status. Fowler’s appellate lawyer did not raise Mills before the appellate court, which affirmed his sentence. On collateral review, the same court held that Fowler’s plea bargain waived reliance on the approach that Mills adopted. Fowler then sought federal relief under 28 U.S.C. 2254, claiming ineffective assistance of counsel. The district court denied this petition, relying on the state judiciary’s conclusion that Fowler had waived the benefit of Mills. The Seventh Circuit vacated, noting that Judge Magnus-Stinson, who denied Fowler’s federal collateral attack, had also sentenced Fowler during her time on the state’s bench; 28 U.S.C. 455(a) requires the case to be heard by a different federal judge. Section 2254 is designed to ensure that a fresh pair of eyes looks at the matter, from a different perspective. View "Robertson v. Butts" on Justia Law

On behalf of Lightspeed, which operates websites purveying online pornography, attorneys Hansmeier, Steele, and Duffy sued a John Doe defendant in Illinois state court under the Computer Fraud and Abuse Act, 18 U.S.C. 1030, then served ex parte subpoenas, demanding that Internet service providers (ISPs), provide personally identifiable information of more than 6,600 “co‐ conspirators.” They filed similar actions in several states, apparently hoping to extract quick settlements from individuals whose personal information was revealed. The ISPs removed the Illinois case to federal court. Meanwhile, a California court imposed sanctions on the attorneys in a similar case; they began voluntarily dismissing cases. After the Lightspeed case was dismissed, a defendant sought attorney’s fees. The court imposed sanctions of $261,025.11, jointly and severally, against the attorneys. They failed to pay. The court scheduled a show‐cause hearing. The attorneys, who claimed insolvency, did not comply with interrogatories and requests for production. After the attorneys attempted to interfere with their financial institutions’ compliance with subpoenas, the court held them in contempt. The Seventh Circuit affirmed. The attorneys continued their "shenanigans." The Lightspeed defendants discovered efforts to hide assets; the district court again imposed contempt and discovery sanctions. The Seventh Circuit dismissed Hansmeier’s appeal, noted that Duffy is now deceased, and affirmed the discovery sanction, but vacated the contempt sanction for Steele. View "Lightspeed Media Corp. v. Smith" on Justia Law

This case started out of a business dispute between respondent-cross-petitioner Just In Case Business Lighthouse, LLC (JIC) and petitioner-cross-respondent Patrick Murray. To prepare for the litigation, JIC hired Preston Sumner, a businessman with knowledge of business sales and valuation, as an advisor. Sumner agreed to help with the case in exchange for a ten-percent interest in the case's outcome. Murray objected to Sumner's involvement in the case, arguing: (1) Sumner's interest in the case outcome was an improper payment violating Colorado Rule of Professional Conduce (RPC) 3.4(b); (2) Sumner lacked the requisite personal knowledge of the case's underlying events as required by Colorado Rule of Evidence (CRE) 602; and (3) the summary charts Sumner prepared were inadmissible under CRE 1006. The trial court ruled that Sumner could testify as a summary witness, but not as an expert or fact witness. Sumner testified and laid foundation for two of the summary exhibits, which the trial court admitted into evidence. The jury returned a verdict in favor of JIC. Murray renewed his arguments on appeal, and the Court of Appeals rejected them in part, and remanded for the trial court to determine whether Sumner's testimony should have been excluded as a sanction for JIC's violation of RPC 3.4(b). After review, the Colorado Supreme Court held that violation of the ethical rule did not displace the rules of evidence, and that trial courts retained discretion under CRE 403 to exclude testimony of improperly compensated witnesses. The trial court here did not abuse its discretion in declining to exclude Sumner's testimony. Further, the Court held that trial courts could allow summary witness testimony if they determine that the evidence was sufficiently complex and voluminous that the witness would assist the trier of fact. The Court held that the trial court did not abuse its discretion with respect to the summaries. Finding no reversible errors with the trial court's judgment, the Supreme Court reversed the appellate court's judgment remanding the case for consideration of whether Sumner's testimony should have been excluded. View "Murray v. Just In Case Bus. Lighthouse, LLC" on Justia Law

Plaintiff filed suit against the city, alleging claims for hostile work environment, quid pro quo, and retaliation under Title VII of the Civil Rights Act, 42 U.S.C. 2000e et seq. On appeal, plaintiff challenged the district court's reduction of her attorney fee award. The district court concluded that the ratio between attorney’s fees and damages was excessively disproportionate. The court vacated the fee award and remanded for determination of a new fee award, concluding that there is no requirement of strict proportionality between attorney’s fees and damages. View "Combs v. City of Huntington" on Justia Law

Attorney Turza sent fax advertisements to accountants. In 2013, the Seventh Circuit affirmed that these faxes violated the Telephone Consumer Protection Act (TCPA), 47 U.S.C. 227, but reversed a plan to distribute a $4.2 million fund to the class members and donate any remainder to charity. Meanwhile, Turza posted a $4.2 million supersedeas bond. Invoking the common-fund doctrine, the district judge awarded class counsel about $1.4 million. TCPA authorizes an award of up to $500 per improper fax. The court ordered two-thirds of that sent to every class member. If some members fail to cash their checks or cannot be found, there would be a second distribution. The maximum paid out per fax would be $500. If money remains, the residue returns to Turza. The Seventh Circuit reversed in part. This is not a common-fund case; suits under TCPA seek recovery for discrete wrongs. If a recipient cannot be located, or spurns the money, counsel are not entitled to be paid for that fax. TCPA is not a fee-shifting statute. Turza is not required to pay the class’s attorneys just because he lost the suit. Distributing more than $500 per fax ($333 to the recipient and $167 to counsel) would either exceed the statutory cap or effectively shift legal fees to Turza. The $4.2 million represents security for payment, so once the debt is satisfied, the surplus can be returned to Turza. View "Holtzman v. Turza" on Justia Law

The Judicial Qualifications Commission (JQC) accused Thirteenth Judicial Circuit Judge Gregory Holder of engaging in improper conduct while presiding over a criminal case in violation of five canons of the Code of Judicial Conduct. Judge Holder entered into a factual stipulation with the JQC admitting the charges and accepting a public reprimand and six additional hours of Continuing Judicial Education (CJE) training hours on topics related to ethics. Based on the stipulation, the JQC concluded that Judge Holder violated Canons 1, 2A, 2B, 3B(7) and 3B(9) of the Code of Judicial Conduct. The Supreme Court (1) approved the stipulation entered into by Judge Holder and the JQC, holding that there was clear and convincing evidence to support the findings of fact as to all charges; and (2) approved the stipulated discipline of a public reprimand and completion of six additional CJE training hours. View "In re Inquiry Concerning Judge Gregory Holder" on Justia Law

The Florida Judicial Qualifications Commission (JQC) alleged that Seminole County Judge Jerri Collins violated Canons 1, 2A, and 3B(4) of the Code of Judicial Conduct in the course of presiding over a domestic violence case. Judge Collins accepted full responsibility for her wrongful conduct. The JQC and Judge Collins entered into a revised consent judgment imposing as sanctions on Judge Collins a public reprimand before the Supreme Court, the successful completion of an anger management course, and attendance at the domestic violence course offered during Phase II of the Florida Judicial College. The Supreme Court approved the revised consent judgment, holding that the JQC’s findings were supported by clear and convincing evidence and that the sanctions were appropriate. View "In re Inquiry Concerning Judge Jerri Collins" on Justia Law