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Lawyer Who Subpoenaed Blogger Seidel Sanctioned

Posted by timothy on from the nyuck-nyuck-nyuck-schmuck dept.

Zathras26 writes "Slashdot has previously reported on a lawyer subpoenaing Kathleen Seidel for blogging about him in an unflattering light. Seidel successfully moved to quash the subpoena. In granting the motion to quash, the judge ordered the lawyer, Clifford Shoemaker, to show cause as to why he should not be sanctioned for his behavior. Whatever his response was, if any, it apparently wasn't good enough, because Shoemaker has been formally sanctioned for his actions."

3 of 35 comments (clear)

  1. Re:Another positive sign for the justice system by spun · · Score: 3, Informative

    yes, GP needs to re-evaluate his understanding of that word. Cynicism is EXACTLY what one should practice when one doesn't have the experience for insight. Yes and no. Not cynicism in the modern sense of disbelieving in anything good and decent. Cynicism in the original sense of not believing or disbelieving anything.
    --
    - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
  2. Re:Shakin' in His Shoes I'm Sure by darkmeridian · · Score: 3, Informative

    I generally share cynical views but everything here is above board (so far). State rights prevent a federal court judge from disbarring or professionally sanctioning an attorney as that is a matter for the state bar that accredited the attorney. The federal judge had his clerk file a complaint against the lawyer to the state bar. I'm sure that if we keep an eye on this case, the attorney in question will get sanctioned on a painful level by the state bar association.

    --
    A NYC lawyer blogs. http://www.chuangblog.com/
  3. Re:Shakin' in His Shoes I'm Sure by belmolis · · Score: 3, Informative

    This is not true. The federal courts have their own bar. To practice in a federal court, an attorney must be admitted to practice in that court. Most federal courts automatically admit any attorney who is licensed in the state in which the federal court is located, but this is a matter of courtesy and convenience, not law. Several federal districts require attorneys to pass a separate examination on federal law before admitting them. There is also a special procedure for admission of attorneys to practice patent law.

    A federal judge can therefore take disciplinary action against an attorney independently of any state action. The only relevance of state's rights is that a federal court cannot disbar an attorney from practice in state courts but can only refer the matter to the state's disciplinary body.