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Friday, September 07, 2007

Courts - Michigan lawyer courtesy rule overruled

From the ABA Journal:

Controversial Michigan lawyer Geoffrey Fieger has won a round in his battle with Michigan state judges.

A federal judge has struck down a state court rule used to sanction Fieger for calling state appeals judges jackasses in a radio interview and comparing them to Nazis, the Detroit News reports. The rules require lawyers to treat those involved in the legal process with "courtesy and respect" and bar “undignified or discourteous conduct" toward judges.

U.S. District Judge Arthur Tarnow of Detroit said the rules violate the First Amendment because they are overly broad and vague.

Mike Dezsi, who represented Fieger in the case, said lawyers need to be able to engage in robust discourse. "All lawyers should rest easier, knowing they are not going to be disciplined for criticizing or speaking out against judges," he told the Detroit News.

Paul Egan reported in the Sept. 5 Detroit News:
DETROIT -- Embattled Southfield attorney Geoffrey Fieger scored a victory Tuesday when a federal judge in Detroit declared unconstitutional Michigan court rules that were used to discipline him.

"It's satisfying to know that the U.S. Constitution survives a little in Michigan," said Fieger, who along with Detroit attorney Richard L. Steinberg sued the Michigan Supreme Court over its Rules of Professional Conduct for attorneys.

The Supreme Court used the rules to discipline Fieger after he gave a radio interview in 1999 in which he referred to specific state appeals court judges as jackasses and compared them to Adolph Hitler and his associates.

The rules say lawyers must treat everyone involved in the legal process with "courtesy and respect" and should "not engage in undignified or discourteous conduct" toward the bench.

In the decision released late Tuesday, U.S. District Judge Arthur J. Tarnow said "the rules are unconstitutional on their face because they are both overly broad and vague." * * *

Contempt rules still apply, meaning lawyers can't say something outside court that could affect a case.

Posted by Marcia Oddi on September 7, 2007 03:33 PM
Posted to Courts in general