@ktumulty Theoretically possible but highly unlikely.
@ktumulty If they pulled this stuff in front of a judge, they'd have a decent chance of having their licenses suspended or pulled altogether.
@ktumulty But statements to the public are less often the subject of discipline, and they present the question of whether the statements are protected by the First Amendment.
@ktumulty And of course, the First Amendment protects even false statements of fact.
@ktumulty In the lawyer disciplinary contexts, the cases usually come up when lawyers publicly criticize judges out of court.
@ktumulty Judges can get very upset when that happens, and disciplinary committees like to keep the judges happy.
@ktumulty I actually know this area of the law because one of the first (pro bono) cases I had as a young lawyer was working with @emilynussbaum's father Bernie (who a couple years later became WH counsel) to represent Elizabeth Holtzman, then the Brooklyn DA.
@ktumulty @emilynussbaum She was reprimanded for criticizing a judge who forced a rape victim to physically demonstrate during a criminal how she was raped.
@ktumulty @emilynussbaum * during a criminal trial
@ktumulty @emilynussbaum At first she was charged with having recklessly made a false accusation against a judge. But we put on evidence from witnesses who had been in the courtroom (including the prosecuting ADA) that the demonstration did in fact occur.
@ktumulty @emilynussbaum So the disciplinary committee actually changed its theory to arguing, in essence, that Liz had recklessly made a *true* statement about a judge. I kid you not.
@ktumulty @emilynussbaum And they we took it all the way up to New York's highest court, and they won.
@ktumulty @emilynussbaum I wrote a cert. petition in SCOTUS pointing out that about two dozen other states applied a variety of other standards, including the NYT v Sullivan standard (which we argued applied), and that the Court should set everyone straight. Cert. was denied.
@ktumulty @emilynussbaum Nothing has changed in 30 years as far as I know: You're only likely to get dinged as a lawyer if you publicly dump on specific judges, and the first amendment protections accorded to lawyers as officers of the court depend on what state you're in.

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More from @gtconway3d

20 Nov
So, in its case seeking access to grand jury material for a possible (re)impeachment of @realDonaldTrump, which was scheduled for argument before the Supreme Court on December 2, ...
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