Attorney vs Judge Essay
July 13, 2015
Instructor Leesa McNeil
Social Media “With the rampant expansion of social media and online technologies over the past decade, it is no surprise that Facebook, MySpace, Twitter, Instagram, YouTube and blogs have made their way into the courtroom, pervaded the jury box, and even pierced the veil of judges’ chambers”, Assoc. of Bar of St. of N.Y. Eth. Op. 2012-2, *4-7 (2012). Unfortunately, for a 52-year-old lawyer Joyce Nanine McCool, is disbarred after using Twitter and an online petition on Facebook, encouraging citizens to contact the judges involved in an alleged child abuse custody case. Did this lawyer act in the best interest the of children in this alleged …show more content…
RULE 3.5 IMPARTIALITY AND DECORUM OF THE TRIBUNAL A lawyer shall not: (a) seek to influence a judge, juror, prospective juror or other official by means prohibited by law;
And RULE 8.4 MISCONDUCT
It is professional misconduct for a lawyer to: (a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;
(Rule 3.5, Rule 8.4).
Wrong Decision While Ms. McCool disagreed with both judges in this particular case, it ultimately affected other cases calling for the recusal of both judges with respondent as counsel. There is a process in every step of litigation, decisions, and evidentiary rulings. The unethical approach that Ms. McCool took clearly put the personal safety of the judges at risk by raising an emotionally charged petition and comments on social media.
Bottom Line There are rules that must be followed and a process for everything. Ms. McCool ignored these rules and her lack of ethics in the courtroom caused hardship and additional emotional trauma to the mother and two little girls in this case. Kluwer (2015),