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- Manlobbi
Halls of Shrewd'm / US Policy
No. of Recommendations: 15
A decision by a Texas judge to reject an attempt by the Texas State Bar to discipline Sidney Powell for her fraudulent court filings related to election fraud was upheld by a an appeals court in Texas. The appeals court stated the Bar failed to show how she engaged in dishonesty, fraud, deceit or misrepresentation in the paperwork she filed in multiple courts on behalf of the Trump Administration in 2000.
Of course, this is only the latest illustration of how the judicial system has become dominated by politically influenced corruption. Keep in mind, Powell PLED GUILTY in the Georgia criminal case of these exact behaviors. Is a criminal plea in a court of law not suitable justification to disbar a lawyer? We're not talking about a criminal plea involving actions not directly related to the law such as a DWI. We're talking about crimes directly related to acting as a lawyer and interacting with a judge and a court.
Of course, "the bar" is pretty low for ethical conduct in Texas, which allowed its attorney general to hold office for over six years while under criminal indictment.
WTH
No. of Recommendations: 2
Does it make a difference that the guilty plea was in GA? Maybe the TX Bar doesn't have the authority if things happen in other jurisdictions?
No. of Recommendations: 2
I think WTH is right. It seemed to many in the legal world that...
...she engaged in dishonesty, fraud, deceit or misrepresentation in the paperwork she filed in multiple courts on behalf of the Trump Administration...
Corrupt judicial system. Not good for democracy.
No. of Recommendations: 2
Of course, "the bar" is pretty low for ethical conduct in Texas, which allowed its attorney general to hold office for over six years while under criminal indictment.
WTH
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Think of those six years as if Ken Paxton was a "newcomer" who morphed into an asylum claim. He has a right to parole and remain where he is while he waits for his day in court. That should make it easier to understand.
bhm, helpful
No. of Recommendations: 3
As I understand it, every state has a collection of Rules of Professional Conduct used to measure the behavior of lawyers against some set of norms and decide whether penalties or removal from the bar are appropriate for cases of alleged misconduct. I'm pretty sure they all include language similar to this found in the American Bar Association's version of RPC:
https://www.americanbar.org/groups/professional_re...(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 than 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.Within the financial industry, there is an organization authorized by Congress called FINRA (Financial Industry Regulatory Authority) that provides a central clearing house of employment history information that is updated by employers any time an employee is fired for fraud, theft, violations of fiduciary responsibility to clients, etc. This clearinghouse of information allows FINRA to impose an employment ban on any individual who commits violations of financial ethics or actual criminal offenses. No other FINRA registered firm will hire that person.
One would think the legal profession would have a similar national registry established that would notify all state bar associations any time any lawyer in any state is convicted of a crime directly related to their work in a court room or work on behalf of a client.
WTH
No. of Recommendations: 1
Well, the medical profession doesn't. So it's probably dangerous to assume lawyers do. John Oliver did a piece on that a few weeks ago. Lose your medical license in one state? Just move to another state. And it takes a ridiculous amount of malfeasance to remove the license of a doctor. I'm assuming, even at the local level, the same is true for a lawyer. Can the lawyer then just move and take a different state bar exam?
There really should be a national database, and perhaps national certification, so that people can't just move to set up practice somewhere else.
No. of Recommendations: 3
the Bar failed to show how she engaged in dishonesty, fraud, deceit or misrepresentation in the paperwork she filed in multiple courts on behalf of the Trump Administration in 2000.
I'm wondering what kind of evidence they require for a showing.
No. of Recommendations: 6
Is a criminal plea in a court of law not suitable justification to disbar a lawyer? We're not talking about a criminal plea involving actions not directly related to the law such as a DWI. We're talking about crimes directly related to acting as a lawyer and interacting with a judge and a court.I don't believe that last bit is entirely correct. My understanding is that her guilty plea in GA was related to efforts to interfere with election duties (ie. attempts to gain unauthorized access to elections equipment and records), and did not involve any of her interaction with judges or courts:
https://apnews.com/article/sidney-powell-plea-deal...I don't practice in Texas, but as a general matter you're not likely to get disbarred for committing misdemeanors, unless those misdemeanors were committed against the state's courts or your clients. And even then. Disbarment is a "death penalty" sanction for lawyers, and it's rarely imposed.
I couldn't find the appeals court ruling (though I didn't spend all that much time looking), but from context it does not appear that Powell's actions in the state courts of Texas were particularly egregious (which makes sense - Texas wasn't really a battleground for the 2020 election). And that the Bar's disciplinary action was based on her actions in Texas state courts. Taken together, it's not shocking that the courts found disbarment to be unsupported by the record - but again, without reading the opinion, it's hard to say whether there might have been anything else that the Bar sought to include).
No. of Recommendations: 2
I'm wondering what kind of evidence they require for a showing.
Maybe it depends on your political affiliation. /s
