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

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.

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_myLawCLEJeffrey 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

Credits

Alaska

Approved for CLE Credits
1 Ethics

Our programs are CLE-eligible through Alaska's recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
1 Ethics

Arkansas

Approved for CLE Credits
1 Ethics

Arizona

Approved for CLE Credits
1 Professional Responsibility/Ethics

California

Approved for CLE Credits
1 Ethics

Colorado

Pending CLE Approval
1 Ethics / Professionalism

Connecticut

Approved for CLE Credits
1 Ethics / Professionalism

District of Columbia

No MCLE Required
1 Ethics Hour

Delaware

Pending CLE Approval
1 Enhanced Ethics

Florida

Approved via Attorney Submission
1 Ethics Hour

Receive CLE credit in Florida via Attorney Submission.
Georgia

Approved for CLE Credits
1 Ethics

Hawaii

Approved for CLE Credits
1.2 Ethics or Professional Responsibility Education

Iowa

Pending CLE Approval
1 Ethics

Idaho

Pending CLE Approval
1 Ethics / Professionalism

Illinois

Pending CLE Approval
1 Professional Responsibility

Indiana

Approved for Self-Study Credits
1 Ethics

Kansas

Pending CLE Approval
1 Ethics / Professionalism

Kentucky

Pending CLE Approval
1 Ethics

Louisiana

Pending CLE Approval
1 Ethics

Massachusetts

No MCLE Required
1 Ethics Hour

Maryland

No MCLE Required
1 Ethics Hour

Maine

Pending CLE Approval
1 Ethics / Professionalism

Ethics credits can ONLY be earned through Live-Webcast programs, the Maine Board of Bar Examiners does not approve Ethics through On-Demand sessions.
Michigan

No MCLE Required
1 Ethics Hour

Minnesota

Approved for Self-Study Credits
1 Ethics

Missouri

Approved for Self-Study Credits
1.2 Ethics

Mississippi

Pending CLE Approval
1 Ethics

Montana

Pending CLE Approval
1 Professional Fitness and Integrity

North Carolina

Pending CLE Approval
1 Ethics

North Dakota

Approved for CLE Credits
1 Ethics

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
1 Professional Responsibility

The Federal Bar Association reports attendance to Nebraska on each attorney's behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
60 Ethics / Professionalism Minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
1.2 Ethics / Professionalism

Our programs are CLE-eligible through New Jersey's recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
1 Ethics / Professionalism

Nevada

Pending CLE Approval
1 Ethics / Professionalism

New York

Approved for CLE Credits
1.2 Ethics / Professionalism

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Pending CLE Approval
1 1Attorney Professional Conduct

Oklahoma

Pending CLE Approval
1 Ethics / Professionalism

Oregon

Pending CLE Approval
1 Ethics

Pennsylvania

Approved for Self-Study Credits
1 Ethics / Professionalism`

Rhode Island

Pending CLE Approval
1 Ethics / Professionalism

South Carolina

Pending CLE Approval
1 Ethics / Professionalism

South Dakota

No MCLE Required
1 Ethics Hour

Tennessee

Approved for Self-Study Credits
1 Dual

Texas

Approved for CLE Credits
1 Ethics / Professionalism

Utah

Pending CLE Approval
1 Ethics / Professionalism

Virginia

Not Eligible
1 Ethics Hour Hours

Vermont

Approved for CLE Credits
1 Ethics

Washington

Approved via Attorney Submission
1 Ethics Hour

Receive CLE credit in Washington via Attorney Submission. myLawCLE will supply Washington state attorneys with instructions on how to gain credit.
Wisconsin

Approved for Self-Study Credits
1 General

Ethics credits can ONLY be earned through Live-Webcast programs, the Wisconsin Board of Bar Examiners does not approve Ethics through On-Demand sessions.
West Virginia

Pending CLE Approval
1.2 Ethics / Professionalism

Wyoming

Pending CLE Approval
1 Ethics / Professionalism

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  • Hot topics & changes in the law
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  • Accreditation in every state

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