Eastman Disbarment Recommended by CA Bar - LER Bonus Content No. 11 (03.27.24)
The Legal Ethics Roundup - your Monday morning tour of all things related to lawyer and judicial ethics.
“I was offended by my profession. By the advice I had seen given and what resulted therefrom.” — Greg Jacob, lawyer for Vice President Mike Pence who counseled against John Eastman’s theories
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It’s been a long time coming. The disciplinary trial before the State Bar of California against John Eastman began nearly a year ago on June 20, 2023. The proceedings continued throughout the summer into the fall, with testimony wrapping up on November 3, 2023. Today, we have the decision.
California State Bar Court Judge Yvette Roland found that the Office of Chief Trial Counsel of the State Bar of California (OCTC) proved ten of the eleven charges against Eastman and she recommended his disbarment along with $10,000 in sanctions plus costs of the proceeding. Read all 128 pages of the full opinion here.
I’m not surprised by this outcome, after watching much of the trial and hearing Judge Roland’s “preliminary finding of culpability” back in November. Her decision is consistent with arguments I made in an essay published by the Yale Law Journal Forum in 2021, “Lawyer Lies and Political Speech” (though I acknowledge other respected legal ethics scholars disagree with me). As Judge Roland stated in her decision: “the First Amendment rights of attorneys are linked to the critical role that they perform within the judicial system. While these rights are fundamental, they must be calibrated to align with the unique role attorneys play in the administration of justice. … [S]peech otherwise entitled to full constitutional protection may nonetheless be sanctioned if it obstructs or prejudices the administration of justice.”
Read on for a summary of the disbarment decision, a look back at the trial proceedings and participants, and a forecast of what comes next.