Dan Barer points out that yesterday 4/3 published this opinion imposing $25,000 in sanctions for a frivolous writ petition upon counsel for accusing the trial court of bias and misconduct without evidentiary support. In the introduction, the court writes:
“We publish this opinion as a
cautionary tale: Lawyers may not make assertions in court that lack factual
support, regardless of how much the lawyer or the client ‘earnestly believes’
them. Lawyers may not impugn the integrity of the very system of justice in
which they serve without a solid basis in both fact and law. Dissatisfaction
with a ruling, however deeply felt, is not itself evidence of judicial
misconduct.”
“Most lawyers show remarkable skill in helping clients understand our professional obligations yet too many mistake the need for zealous advocacy with a ‘the customer is always right’ policy. We remind them that the legal profession runs on facts, law, and justice. The law cannot tolerate unsupported assertions fueled only by desires, especially baseless accusations against our hardworking trial judges.”
So sayeth Justice Nathan R. Scott
For Prof. Martin's take, see here.