Ethics of Defending Judges from False Criticism: Lawyers’ duties under ABA Model Rule 8.2

Jeffrey Michalowski
Jeffrey Michalowski | Quarles & Brady

Jeff Michalowski, a certified appellate specialist, is an experienced advocate who helps Fortune 500 businesses, universities and public entities navigate legal challenges at all levels of the state and federal judiciary. He has authored over 50 briefs and argued over a dozen cases in the courts of appeal. He also handles high stakes trial court litigation in civil rights and constitutional cases.

On-Demand: October 31, 2024

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1 hour CLE
Tuition: $95.00
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Program Summary

This program explores the responsibilities of attorneys to defend judges and to uphold the independence of the judiciary while balancing First Amendment rights. It covers the rise in attacks on judges, the distinction between legitimate criticism and intimidation, and the requirements of Model Rule 8.2, which prohibits false statements about judges. The program will also address First Amendment considerations, including attorneys’ free speech rights and the problem of compelled speech, and the role of bar associations in responding to false criticism of judges.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

  • ABA Model Rule 8.2 and its context
  • Why judges are attacked and by whom
  • Professional responsibility and criticism of judicial decisions
  • First Amendment considerations
  • Responses from bar associations

Closed-captioning available

Speakers

Jeffrey Michalowski_FedBarJeffrey Michalowski | Quarles & Brady

Jeff Michalowski, a certified appellate specialist, is an experienced advocate who helps Fortune 500 businesses, universities and public entities navigate legal challenges at all levels of the state and federal judiciary. He has authored over 50 briefs and argued over a dozen cases in the courts of appeal. He also handles high stakes trial court litigation in civil rights and constitutional cases.

Clients come to Jeff with their most unique and challenging cases and appeals and rely on his strategic vision and his distinctive writing to help achieve their goals.

Jeff is vice chair of the firm’s Appellate Group. He teaches civil rights law, has authored several chapters of the leading treatise on California employment law and serves on the editorial board of a forthcoming book on California employment litigation.

Agenda

I. ABA Model Rule 8.2 and its context | 1:00pm – 1:10pm

II. Why judges are attacked and by whom | 1:10pm – 1:20pm

III. Professional responsibility and criticism of judicial decisions | 1:20pm – 1:30pm

IV. First Amendment considerations | 1:30pm – 1:45pm

V. Responses from bar associations | 1:45pm – 2:00pm

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