Thursday, January 24, 2013

1st Amendment prevails on lawyer complaints

Posted By on Thu, Jan 24, 2013 at 9:39 AM

In a brief opinion today, the Arkansas Supreme Court modified the rules governing lawyer conduct to explicitly allow complainants to discuss misconduct complaints they've filed against lawyers.

This is the final — and properly inevitable — conclusion of Mara Leveritt'sprotest of the confidentiality rule when she complained about conduct of Attorney General Dustin McDaniel in the West Memphis Three case. The complaint itself was dismissed, but it gave rise to the question of whether complainants could talk about their actions. Leveritt sued over the confidentiality rule and the Supreme Court Committee on Professional Conduct settled the suit by agreeing to ask the Supreme Court to change the rule, which it has now done.

Confidentiality continues to exist for all others in the investigative process until it reaches the probable cause stage. A similar confidentiality rule remains in place on complaints filed about public officials with the state Ethics Commission. I and others have routinely ignored it, believing it an unconstitutional prohibition. As yet, the commission hasn't asked the legislature to make the law comport with the 1st Amendment (or tried to punish scofflaws). The legislature is too busy worrying about the 2nd to fix this affront to the 1st.

Tags: , ,

Favorite

Speaking of...

Comments (2)

Showing 1-2 of 2

Add a comment

 
Subscribe to this thread:
Showing 1-2 of 2

Add a comment

More by Max Brantley

  • The assault on Obamacare begins

    Donald Trump Friday night signed an executive order directing government to scale back Obamacare to the extent possible. Though the signing was mostly symbolic, it likely has implications for Arkansas.
    • Jan 21, 2017
  • Two dead in North Little Rock shooting

    two people were fatally wounded about 9 p.m. Friday in a home in the 1400 block of Division Street, North Little Rock.
    • Jan 21, 2017
  • 2nd Amendment meets the 1st in Fayetteville on campus carry

    They've had a forum in Fayetteville today on Rep. Charlie Collins' fervent desire to force more pistol-packing people onto the campus at the University of Arkansas (and every other college in Arkansas.) He got an earful from opponents.
    • Jan 20, 2017
  • More »

Readers also liked…

  • Monticello preparing for KKK rally

    Drew County authorities are taking precautions, but also watching their words, about apparent plans for a Ku Klux Klan meeting Saturday.
    • Jul 22, 2015
  • Lawyers plead for mercy in Fort Smith forum shopping case

    Twelve of the lawyers facing punishment by federal Judge P.K. Holmes in Fort Smith for moving a class action case against an insurance company out of his court to a state court where it was speedily settled have filed their argument against sanctions.
    • Jun 16, 2016
  • In defense of Planned Parenthood and abortion rights

    An op-ed in today's New York Time by Katha Pollitt says what I've been struggling to say about the reaction to the attack on women's reproductive rights launched by means of the undercover videos made by anti-abortion activists.
    • Aug 5, 2015

Most Shared

  • Sarah Huckabee Sanders to be deputy White House press secretary

    Donald Trump announced additional White House staff today, notably including Sarah Huckabee Sanders, deputy assistant to the president and principal deputy press secretary.
  • Legislation filed for $10 million school voucher program

    The legislation to vastly expand transfer of state tax dollars to private schools came before the school choice day event I mentioned earlier.
  • Watch the trailer for 'Shelter,' the Renaud Bros. new doc on homeless kids in New Orleans

    Check out the trailer for "Shelter," the Renaud Bros. new feature-length documentary about homeless teens navigating life on the streets of New Orleans with the help of Covenant House, the longstanding French Quarter shelter for homeless kids.
  • Trumpeting

    When President-elect Trump announced he would, in a few days, force Congress to enact comprehensive health insurance for everyone, poor or rich, that would provide better and cheaper care than they've ever gotten, you had to wonder whether this guy is a miracle worker or a fool.
  • Putin and Trump

    Here's a thought exercise: What do you suppose would happen if Russian strongman Vladimir Putin decided to clarify remarks he reportedly made about Donald Trump during the election campaign?

Visit Arkansas

1.73-carat diamond found at Crater of Diamonds State Park

1.73-carat diamond found at Crater of Diamonds State Park

Jack Pearadin and Doug Nelsen found a 1.73-carat diamond after nearly a year of searching the park's field.

Most Recent Comments

Blogroll

 

© 2017 Arkansas Times | 201 East Markham, Suite 200, Little Rock, AR 72201
Powered by Foundation