Another law professor is siding with fellow attorney and blogger Paul Ogden in the efforts of the Indiana Attorney Disciplinary Commission to suspend him from the practice of law for criticizing a judge's handling of a probate case in a private e-mail. John Marshall Law School Professor Alberto Bernabe comments on Ogden's case at his
Professional Responsibility Blog:
The commission apparently told the attorney he could forgo the possible disciplinary proceeding if he apologized for the comment but the attorney refused and decided to fight the charge instead. I applaud him for this decision because the commission is clearly acting unconstitutionally here. The attorney has the right to express his opinion about the judge and if that statement is what the commission is basing its position on, it does not have any valid basis for imposing sanctions. I hope the Indiana Supreme Court does the right thing here and sends the commission (and the judge) packing.
Ironically, apparently the commission has argued as an aggravating factor that the attorney "believes he is superior to the courts and the law.” Yet, it is the commission which apparently believes its power is superior to the attorney's first amendment protected right to express his opinion.
Hat tip to Ted Waggoner at
Lawyers With Troubles. Previously, nationally-respected George Washington University Law School Professor Jonathan Turley expressed support for Ogden in a blog post
here.
Any source
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