Can an attorney be disciplined for making unjustified and demeaning allegations against a judicial officer?

California, United States of America


The following excerpt is from Ramirez v. State Bar, 169 Cal.Rptr. 206, 28 Cal.3d 402, 619 P.2d 399 (Cal. 1980):

It appears clear petitioner has violated his oath and duties as an attorney and is subject to discipline therefor. 12 In support of the recommenced discipline, this court has heretofore disciplined attorneys for violating their oath and duties in making unjustified and demeaning allegations against judicial officers. In Hogan v. State Bar, supra, 36 Cal.2d 807, 228 P.2d 554, an attorney was suspended for asserting a judge was a "petty judge" who was prejudiced against the attorney's client and certain witnesses.

[28 Cal.3d 413] In Peters v. State Bar (1933) 219 Cal. 218, 26 P.2d 19, an attorney filed affidavits containing allegations a judge was under a "political obligation" to an opposing attorney. This court determined the statements had no basis in fact and were made with at least conscious disregard of their truth or falsity, and ordered the attorney be suspended.

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