Sunday, April 03, 2011

Judge Sumi Warns Attorneys About Criticisms
...I have not seen any comments by attorneys in the case which rise to the level in the rule cited above. Attorneys are free to criticize the content of a ruling by a Judge, and as I have documented, there was plenty to criticize in the Judge Sumi's decision to interfere in the legislative process by attempting to prevent a bill from becoming law.

I find it disturbing that Judge Sumi issued this warning, which carries the threat of a Bar disciplinary referral. This is tantamount to the nuclear option, by putting attorney licenses to practice on the line.

Such a warning necessarily is one-sided, since only the attorneys unhappy with a court's rulings would comment negatively. Such a warning allows the winning side, so far the Democrats, to crow all day long about the court rulings, while muffling the ability of the Republicans to explain why such rulings were unjustified.

This is a highly political case which has been made even more political by the court's rulings. Absent comments which impugn Judge Sumi's integrity or make false statements about her, the attorneys in the case should be free to comment.