Victor R. Marshall v. Supreme Court of New Mexico
ERISA FirstAmendment
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?
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?