Wednesday, February 16, 2022

"Succubustic" discipline

Ever wonder what happened to the lawyer who got called out in a published opinion by 4/3 for writing in a notice of appeal that the order was "disgraceful" and said the ruling's “succubustic adoption of the defense position, and resulting validation of the defendant’s pseudohermaphroditic misconduct, prompt one to entertain reverse peristalsis unto its four corners”? Well, see: Lawyer’s Reference to Sexual Demons to Criticize Female Judge's Ruling Falls Under Free-Speech Protections, State Bar Court Finds reporting that he's been "suspended for one year, with execution stayed, and placed on probation for one year, including a 30-day actual suspension for making false statements in appeal briefs about [the] Orange County Superior Court Judge" and "The court also determined a $2,500 monetary sanction was appropriate." The State Bar Court's decision is here.

[2/17/22 update: The DJ's story is Calling female commissioner ‘succubistic’ is free speech, State Bar judge rules: "Distasteful as it is, this comment was made figuratively, representing rhetorical hyperbole, and consequently is protected by the First Amendment"]



Also, the CLA Litigation Section's February 2022 issue of Litigation Update is now online, keeping you up to date on current case law.