No. 21-1343

Victor R. Marshall v. Supreme Court of New Mexico

Lower Court: New Mexico
Docketed: 2022-04-11
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: civil-procedure civil-rights due-process first-amendment free-speech judicial-recusal lawyer-discipline legal-ethics professional-conduct standing
Key Terms:
ERISA FirstAmendment
Latest Conference: 2022-05-26
Question Presented (AI Summary)

Does the First Amendment permit a state to suspend a lawyer from practice indefinitely because it found statements in a motion, in which the lawyer sought to recuse a judge in a pending case, were frivolous and impugned the judge's integrity, when there was no showing that the statements were knowingly false or made in bad faith, or that any person, including the judge, was injured by those statements?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Does the First Amendment permit a state to suspend a lawyer from practice indefinitely because it found statements in a motion, in which the lawyer sought to recuse a judge in a pending case, were frivolous and impugned the judge’s integrity, when there was no showing that the statements were knowingly false or made in bad faith, or that any person, including the judge, was injured by those statements? Does the First Amendment permit a state that has suspended a lawyer from practice to forbid that lawyer from assisting his former clients in obtaining replacement counsel in complex lawsuits, but instead, with no allegations of harm to clients, limit him to informing his clients of the state’s lawyer referral service?

Docket Entries

2022-05-31
Petition DENIED.
2022-05-10
DISTRIBUTED for Conference of 5/26/2022.
2022-04-26
Waiver of right of respondent Supreme Court of New Mexico to respond filed.
2022-04-07
Petition for a writ of certiorari filed. (Response due May 11, 2022)

Attorneys

Supreme Court of New Mexico
Jane GagneDisciplinary Board of the New Mexico Supreme Court, Respondent
Victor Marshall
Alan B. MorrisonGeorge Washington Law School, Petitioner