Lawyer's criticism of judge is protected speech, Colorado high court rules
By The Associated Press
09.14.00
DENVER — An attorney who accused a Douglas County District Court judge of being biased and racist is protected by the First Amendment, the Colorado Supreme Court has ruled.
The Supreme Court said Sept. 11 that the public needs access to the views of lawyers and ruled that they cannot be punished for criticizing judges unless they make false statements of fact.
Attorney Lawrence Jamalian Green, who is black, referred to Judge Scott Lawrence as a "racist" and "bigot" and accused him of racism in letters to the judge. The state attorney grievance committee said Green's letters and motions contained "relentless criticism and contempt for the judge" constituting "a serious breach of acceptable behavior for an attorney toward a member of the judiciary."
The grievance committee decided Green should be suspended from the practice of law for 60 days for charging excessive fees in a civil case and authoring the letters to Lawrence.
But the Supreme Court said Green's comments were protected speech. The First Amendment shields a lawyer's statements of opinion, but not false statements of fact, from attorney discipline, the court ruled.
The justices said Green was simply stating his opinion and didn't make or imply false statements of fact.
Green made the allegations in letters he sent to Lawrence and to other lawyers in a Douglas County court case. Green's client won the case at trial. He sent the letters while Lawrence was trying to determine the fees Green should be paid.
"I do not believe I can state my case more emphatically than I already have; I want you off this case. I am entitled to and I affirm my right not to have my attorney fees determined by a racist judge," Green wrote in the final letter.
The Supreme Court said it found no indication of bias or prejudice by Lawrence but noted that it is important that lawyers not be muzzled in their criticism of judges.
"By clothing Green's letters with the mantle of the First Amendment, we neither condone the tone of Green's letters nor agree with the conclusions he drew," the unanimous opinion said.
The justices said restricting attorney speech hinders the public's access to the views of lawyers, who are in the best position to comment on the judicial system.
"Interest about judges is important in Colorado, where the public periodically votes whether to retain judges," the opinion said.
The court found that Green did charge an unreasonable fee in one step of the lengthy court process and decided to publicly censure him on Sept. 11, rather than to suspend him.