In re Madison

• Decision Date: 05 May 2009
• Docket Number: No. SC 89654.,SC 89654.
• Citation: 282 S.W.3d 350
• Parties: In re James T. MADISON, Respondent.
• Court: Missouri Supreme Court

282 S.W.3d 350

In re James T. MADISON, Respondent.

No. SC 89654.

Supreme Court of Missouri, En Banc.

May 5, 2009.

Alan D. Pratzel, Sharon K. Weedin, Office of Chief Disciplinary Counsel, Jefferson City, MO, for Inf.

James T. Madison, Kansas City, MO, pro se.

PER CURIAM.

The office of chief disciplinary counsel (OCDC) seeks discipline for James T. Madison for multiple violations of the rules of professional conduct that occurred in the course of handling cases pending before two judges. Mr. Madison is ordered suspended from the practice of law indefinitely without leave to reapply for six months.

I. FACTUAL BACKGROUND

James T. Madison was licensed to practice law in Missouri in 1997. On June 1, 1999, this Court reprimanded Mr. Madison because he pleaded guilty to felony aggravated assault in Kansas.¹ In addition to the reprimand, Mr. Madison was put on two years probation. One of the special conditions of probation was that Mr. Madison obtain anger management counseling. He completed the anger management counseling, and his probation was terminated on May 17, 2001. Thereafter, on March 1, 2006, Mr. Madison was admonished for violating Rule 1-1.4 (communication). The parties disagree as to whether Mr. Madison was admonished for three additional violations in 2003.²

The present disciplinary action stems from an October 24, 2005, letter from the then-presiding judge of the Jackson County circuit court, J.D. Williamson, who advised disciplinary authorities of three incidents of inappropriate behavior by Mr. Madison in his interaction with certain Jackson County judges in 2004 and 2005. The letter enclosed statements from three judges and other court personnel, an audio recording regarding these incidents, and copies of four letters Mr. Madison wrote to two of the judges.

OCDC filed an information charging Mr. Madison with violating the disciplinary rules prohibiting disrupting a tribunal, engaging in conduct prejudicial to the administration of justice, and making false statements concerning the qualifications or integrity of a judge.³ Following a lengthy hearing, a disciplinary hearing panel (DHP) recommended that Mr. Madison be suspended from the practice of law with no leave to apply for reinstatement for 12 months and that his reinstatement be conditioned on his agreement to undergo a psychological evaluation and complete any anger management or other programs or therapies recommended as a part of that evaluation. Mr. Madison rejected the proposed discipline. This proceeding followed.

II. STANDARD OF REVIEW

"The findings of fact and conclusions of law of the disciplinary hearing panel are advisory. `This Court [in a disciplinary proceeding] reviews the evidence de novo, independently determining all issues pertaining to credibility of witnesses and the weight of the evidence, and draws its own conclusions of law.'" In re Belz, 258 S.W.3d 38, 41 (Mo. banc 2008) (citations omitted). "[T]his Court is free to reject, wholly or in part, the recommendation of the disciplinary hearing panel." In re Zink, 2009 WL 186156, *2 (Mo. banc 2009) (citation omitted). "Professional misconduct must be proven by a preponderance of the evidence before discipline will be imposed." In re Crews, 159 S.W.3d 355, 358 (Mo. banc 2005).

III. DISCUSSION

A. Applicable Disciplinary Standards

The DHP found, and the record confirms, that Mr. Madison made statements in court and in letters to two Jackson County circuit court judges in which he suggested a lack of integrity of judges before whom he had appeared and of the judicial process, including accusations that the judges were arbitrary and ill-qualified to be judges, that one judge was part of an "evil network" of judges and lawyers, that one judge acted with a ruthless abuse of power and contempt for the law, and that one judge was unethical and the other had "stained" her judicial robes forever by her improprieties. Mr. Madison admits he made the statements at issue but stands by them. He asserts that his comments were "carefully researched," and that his conduct and statements neither violate the disciplinary rules nor subject him to sanction and certainly do not merit suspension. The DHP found that, to the contrary, Mr. Madison's actions violated Rule 4-3.5(d), Rule 4-8.2(a) and Rule 4-8.4(d).

Rule 4-3.5(d), directed toward a lawyer's conduct toward a tribunal, states: "A lawyer shall not: ... engage in conduct intended to disrupt a tribunal." Rule 4-8.2(a), directed toward false or reckless allegations by the lawyer as to the qualifications or integrity of a judicial officer, states:

A lawyer shall not make a statement that the lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge, adjudicatory officer or public legal officer, or of a candidate for election or appointment to judicial or legal office.

Rule 4-8.2(a). Rule 4-8.4(d), directed toward the conduct of the lawyer as an officer of the court in general, states: "It is professional misconduct for a lawyer to: ... engage in conduct that is prejudicial to the administration of justice."

Mr. Madison implicitly suggests that, in determining whether he violated these disciplinary rules, this Court should consider his subjective intent. Unless it finds that he subjectively intended to disrupt the tribunal when he continued to argue with one judge after the judge ruled against his client in a landlord-tenant matter, and unless it disagrees that he "researched each and every assertion carefully before coming to an `honest' opinion about each statement about both judges," he argues the Court should find that no violations occurred.

In re Westfall, 808 S.W.2d 829 (Mo. banc 1991), rejected a subjective standard. Westfall held that an objective standard applies, under which the finding of a violation depends "on what the reasonable attorney, considered in light of all his professional functions, would do in the same or similar circumstances." Id. at 837, quoting In Re Graham, 453 N.W.2d 313, 322, cert. denied sub nom., Graham v. Wernz, 498 U.S. 820, 111 S.Ct. 67, 112 L.Ed.2d 41 (1990).

B. Constitutional Issues Not Raised in This Proceeding

Although these disciplinary-rule violations largely involve speech by Mr. Madison, he does not assert that this case involves any First Amendment issue. It nonetheless is helpful to set forth the constitutional standard for judging when attorney speech crosses the line from permissible comment about matters affecting clients or the administration of justice and becomes, instead, a violation of an attorney's duties as an officer of the court as set forth in the disciplinary rules.

As noted in Westfall, 808 S.W.2d at 829, the canons of professional ethics first were issued by the American Bar Association to codify the United States Supreme Court's announcement in Bradley v. Fisher, 80 U.S. (13 Wall.) 335, 20 L.Ed. 646 (1871), that it was adopting:

severe restrictions on the right of attorneys to criticize the judiciary: "[T]he obligation which attorneys impliedly assume ... when they are admitted to the bar, [is to] maintain at all times the respect due to courts of justice and judicial officers. This obligation ... includes abstaining out of court from all insulting language and offensive conduct toward the judges personally for their judicial acts." Id. 80 U.S. at 355.

Westfall, 808 S.W.2d at 834. Later cases have made clear that debate and public comment regarding the judiciary is protected speech but that, "[w]here unbridled speech amounts to misconduct that threatens a significant state interest, the state may restrict a lawyer's exercise of personal rights guaranteed by the Constitution." Id. at 835. For this reason:

Lawyers must execute their professional responsibilities ethically and pursuant to rules, carefully considered, in order to ensure the confidence of both litigants and the public. Statements by a lawyer impugning the integrity and qualifications of a judge, made with knowledge of the statements' falsity or reckless disregard of their truth or falsity, can undermine public confidence in the administration and integrity of the judiciary, thus in the fair and impartial administration of justice.

Id. at 836 (emphasis added).

This standard is codified in Missouri's rules of professional conduct, the preamble to which provides that attorneys zealously must advance and protect their clients' legitimate interests "while maintaining a professional, courteous, and civil attitude towards all persons involved in the legal system." Preamble, ¶ 9. Lawyers also must demonstrate respect for the legal system and those who serve it, including judges. Preamble, ¶ 5. Rule 4-8.2(a) and the comments thereto state that a lawyer may express honest and candid opinions that are aimed at improving the administration of justice, but that: "A lawyer shall not make a statement that the lawyer knows to be false or with reckless disregard to its truth or falsity concerning the qualifications or integrity of a judge." Id. "[A]n attorney may not, by speech or other conduct, resist a ruling of the trial court beyond the point necessary to preserve a claim for appeal." In re Coe, 903 S.W.2d 916 (Mo. banc 1995), quoting Gentile v. State Bar of Nevada, 501 U.S. 1030, 1071, 111 S.Ct. 2720, 115 L.Ed.2d 888 (1991).

Here, the DHP found that Mr. Madison's conduct went beyond these standards in that he made reckless statements regarding the qualifications and integrity of a judge, resisted a judge's ruling beyond that necessary to preserve a claim for appeal, and disrupted the court and acted in a manner prejudicial to the administration of justice. Mr. Madison does not claim that his conduct was protected speech or proper as a matter of law but rather that it was protected because it was true and so was justified in fact. It is in this context that this Court will examine the allegations of misconduct against Mr....