Lawyers DO NOT have any First Amendment “political speech” right to lie in a Court of Law.
Arizona Rules of Professional Conduct, Rule 3.3 – Candor Toward the Tribunal
(a) A lawyer shall not knowingly:
(1) make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer;
(2) fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel; or
(3) offer evidence that the lawyer knows to be false. If a lawyer, the lawyer’s client or a witness called by the lawyer has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal. A lawyer may refuse to offer evidence, other thanjn the testimony of a defendant in a criminal matter, that the lawyer reasonably believes is false.
(b) A lawyer who represents a client in an adjudicative proceeding and who knows that a person intends to engage, is engaging or has engaged in criminal or fraudulent conduct related to the proceeding shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal.
(c) The duties stated in paragraphs (a) and (b) continue to the conclusion of the proceeding, and apply even if compliance requires disclosure of information otherwise protected by ER 1.6.
(d) In an ex parte proceeding, a lawyer shall inform the tribunal of all material facts known to the lawyer which will enable the tribunal to make an informed decision, whether or not the facts are adverse.
But January 6 insurrectionist Sen. Anthony Kern, R-Glendale, wants Trump’s unethical lawyers who brought over 60 legal challenges to the 2020 election on knowingly false claims of election fraud and shamelessly lied to the tribunal, to be let off scott free from the bar complaints since filed against these unethical lawyers, because of course he does. POS traitor.
Note: Campaign Targets 111 Trump-Linked Election Lawyers. Here’s Some Already Facing A Backlash.
The 65 Project launched [a campaign] that seeks to “shame” and hold accountable more than 100 attorneys who tried to overthrow the 2020 election, adding to an ongoing slew of consequences that post-election lawyers have faced for their efforts.
The 65 Project will target 111 attorneys in 26 states, Axios first reported, seeking to have them disbarred and punished as well as “sham[ing] them and mak[ing] them toxic in their communities and in their firms.” The organization filed its first against 10 Trump-connected attorneys on Monday and will air ads in battleground states, with a goal of both punishing lawyers for their 2020 actions and dissuading attorneys from joining efforts to challenge future election results.
The Arizona Mirror reports, Bill to protect ‘Big Lie’ lawyers from punishment advances with GOP support:
A bill that would punish the State Bar of Arizona and the Arizona Supreme Court if they discipline attorneys for bringing baseless election fraud complaints in Arizona courts has continued to make its way towards becoming law.
Gov. Katie Hobbs must veto this MAGA Fascist insurrectionist bill.
The bill from Sen. Anthony Kern, R-Glendale, prohibits both the State Bar and the Arizona Supreme Court from “infringing” or “impeding” on the “political speech” of an attorney or an attorney’s clients by disciplining them or revoking their licenses for “bringing a good faith, non frivolous claim that is based in law and fact to court.”
Um, Dude, lawyers are already not subject to sanctions for “bringing a good faith, non frivolous claim that is based in law and fact to court.” Trump’s lawyers brought frivolous claims not grounded in law or fact, in bad faith as part of the first phase of Trump’s Coup Plot devised by unethical Trump lawyers John Eastman and Rudy Giuliani. Trump’s lawyers brazenly lied to the court about the facts and asserted frivolous claims.
• Trump Lawyer John Eastman Faces Disbarment Action in California.
• Rudy Giuliani suspended from practicing law in New York; Rudy Giuliani’s DC law license is suspended.
Both lawyers face possible indictment for crimes in Georgia and from Special Counsel Jack Smith in the January 6 investigation.
If they are found to be in violation of the proposed law, each would forfeit 10% of their revenue. For the Bar, that would come from the money it raises through attorney membership dues, while the Supreme Court would see its budget cut as punishment. The penalties would equate to about $1 million for the Bar and nearly $10 million for the Supreme Court.
So this January 6 insurrectionist wants to “punish” the State Bar and Arizona Supreme Court for disciplining Trump’s unethical lawyers? How is this POS traitor allowed to walk free among us? This January 6 insurrectionist should be prosecuted and disqualified from office under Section 3 of the 14th Amendment.
Kern’s Senate Bill 1092 comes as attorneys across the country and in Arizona have faced disciplinary action, including disbarment, for bringing challenges to the election based on frivolous claims of election fraud as well as lawsuits against political rivals.
In testimony before the House Judiciary Committee Wednesday, Kern singled out the discipline of former New York City Mayor and Trump attorney Rudy Giuliani, who lost his law license in New York over bringing false election fraud claims.
Kern himself is no stranger to punishments from the court for filing a baseless lawsuit.
He joined with former state Rep. Mark Finchem and Congressman Paul Gosar in suing former lawmaker Charlene Fernandez for defamation after she and other Democratic members of the state House of Representatives sent a letter to the FBI in 2021 asking for an investigating into the trio’s role in the Jan. 6 insurrection. A judge called the lawsuit “groundless” and ordered the three Republicans to pay $75,000 in attorney fees to Fernandez.
They are asking for the case to be appealed and reinstated. Finchem himself has been sanctioned multiple times by the courts.
Rep. Analise Ortiz, D-Phoenix, asked Kern if that lawsuit was the basis for SB1092, to which Kern replied “absolutely not” [lie], later adding that a misleading report by Fox News commentator Tucker Carlson showed that Jan. 6 was a “sham” [another lie]. Kern was present at the U.S. Capitol that day and was caught on tape on the Capitol steps after rioters had breached the police line and broken into the building.
“No attorney in Arizona is subject to discipline because of his or her political speech or political views,” Lianna Garcia, a lobbyist for the Arizona Judicial Council, told the committee. Garcia said that attorneys are told to speak factually, use legal evidence and not use “conjecture.”
Garcia also said the bill would likely harm residents instead of the judges or people dispensing the punishments that Republicans are so angry at. One key role of the courts is licensing fiduciaries, she said, and taking money from the courts would inhibit their ability to do this.
“You would be taking money from a constitutional branch of government that is meant to protect its citizens,” Garcia said.
One Republican on the panel said the entire conversation was “awkward,” given that Kern used him as an example of why the law is needed.
Rep. Alexander Kolodin, R-Scottsdale, has been a go-to attorney for Republicans for a number of election-related lawsuits. He was also one of nine attorneys that had Bar complaints filed against them for representing Donald Trump’s 2020 campaign in a failed lawsuit that falsely claimed overvotes impacted the Arizona election. Kolodin still has bar complaints outstanding against him.
“We always have random people filing Bar complaints against us,” Kolodin said of the firm he works for, saying that it is because he represents Republicans. “It does, indeed, make it a very aggravating situation.”
Dude, in 30 years of legal practice, I never had a bar complaint filed against me. It is not because you represent Republicans, it is because you do so unethically. You brought B.S. lawsuits to overturn the 2020 election as part of the first phase of Trump’s Coup Plot, you should be disbarred.
Courts typically enforce civil laws like the one Kern is proposing, but it’s unclear who would determine if the court or the Bar is in violation of this measure. The legislation is silent on the matter, an issue brought up in Wednesday’s committee and addressed by Kern.
“Honestly, I don’t know if it would be the court or the legislature, but I will find that out, though,” Kern said when Ortiz asked him about enforcement.
The Arizona Supreme Court and the State Bar both have previously denounced the measure.
“Attorneys are not disciplined for bringing good faith claims,” the State Bar previously said in a statement provided to the Arizona Mirror. “The professional ethics rules governing the conduct of legal professionals prohibit attorneys from bringing frivolous litigation that is not in good faith.”
The Bar said the law is “unnecessary.” and noted that courts exist “to provide forums to fairly resolve disputes within the bounds of professional ethics rules” and should not be a “general forum for political expression.”
The Supreme Court also said there was no problem needing to be fixed by this proposed law.
“Lawyers are not — nor have they ever been — subject to discipline because of their political views or speech,” the Arizona Supreme Court said in a statement to the Mirror. “Current court rules are quite clear on the reasons why an attorney might be subject to disciplinary action — political speech is not one of them.
“The court is a forum with a purpose to fairly resolve disputes within the bounds of professional ethics rules. The courts are not a forum for political speech when that speech does not have a basis in fact or law.”
The bill passed along a party-line vote out of the committee, with Republicans in support, and will head next to the full House for a vote.
MAGA fascists do not believe in the rule of law. The “party of law and order,” my ass! They are the party of big lies and insurrectionists.
What do you think?