Justia Professional Malpractice & Ethics Opinion Summaries

In this case, the Supreme Court of the State of Alaska was tasked with determining whether a judgment against a self-represented litigant, Jon Buchholdt, was void due to improper service of process. Jeremy Nelson, Buchholdt's former client, had sued him for legal malpractice and won a judgment of $200,000, but Buchholdt argued that he was not properly served and therefore the court lacked personal jurisdiction over him.The main issue in this case was whether Buchholdt was properly served with the summons and complaint by certified, restricted mail sent to his law office, which was rerouted to his home and signed by his alleged agent, "Suz Miller." Buchholdt contended that he was not properly served as he never personally signed for the service, and therefore the court lacked personal jurisdiction over him.The court held that Buchholdt failed to meet his burden of demonstrating that the judgment was void. Despite his claims, Buchholdt did not provide any evidence to contradict Nelson's evidence of service or to show that Suz Miller was not authorized to receive service on his behalf. Additionally, Buchholdt had listed Nelson's lawsuit as a contingent liability when he filed for bankruptcy, indicating he had knowledge of the suit.Therefore, the court affirmed the denial of Buchholdt's motions to set aside the judgment and for reconsideration. The court did not find that the judgment was void due to a lack of personal jurisdiction resulting from improper service of process. View "Buchholdt v. Nelson" on Justia Law

In the case before the Supreme Court of North Dakota, the appellant Jean-Michael Kisi appealed from orders dismissing in part and denying in part his application for postconviction relief. Kisi contended that he was wrongfully convicted of a non-cognizable offense, accomplice to attempted murder. He further argued that he received ineffective assistance of counsel, the lower court followed improper trial procedures, and the State committed prosecutorial misconduct.The Supreme Court of North Dakota upheld the lower court's decision, affirming that an attempted knowing murder is not a cognizable offense. However, the Court found that the erroneous inclusion of "knowing" in the jury instruction was harmless beyond a reasonable doubt, as the evidence presented indicated that the jury convicted Kisi of attempted intentional murder.Kisi's claim of ineffective assistance of counsel was also dismissed. The Court held that there was no genuine issue of material fact, and the representation of his counsel did not fall below an objective standard of reasonableness. Kisi's claims regarding improper trial procedure and prosecutorial misconduct were summarily dismissed. The Court, therefore, affirmed the lower court's order dismissing in part and denying in part Kisi's application for postconviction relief. View "Kisi v. State" on Justia Law

The Supreme Court of Nebraska affirmed the convictions and sentences of Trenton R. Esch for first degree murder, use of a deadly weapon to commit a felony, and possession of a deadly weapon by a prohibited person. Esch argued that the jury instructions concerning reasonable doubt and intoxication were in error, and that his counsel was ineffective in failing to object to these instructions. The court found that the instructions, when read as a whole, correctly conveyed the concept of reasonable doubt to the jury and were not misleading. Further, the court ruled that there was no plain error indicative of a probable miscarriage of justice. The court also determined that Esch's counsel was not ineffective in failing to object to the instructions or in his handling of the evidence and arguments related to Esch's intoxication. The court rejected Esch's remaining claims of ineffective assistance of counsel due to an insufficient record. The case centered around Esch's killing of his stepmother, with the primary issue at trial being whether Esch shot her purposely and with deliberate and premeditated malice, or whether he acted impulsively under the influence of alcohol. The jury found Esch guilty of first degree murder. View "State v. Esch" on Justia Law

The Supreme Court affirmed the decision of the circuit court granting summary judgment in favor of Jeffrey Cole, William Sims, and Gregory Brewers (collectively, the Attorneys) arising out the Attorneys' representation of Doug and Dawn Barr in a personal injury action, holding that the circuit court did not err.The Barrs, husband and wife, were involved in a motor vehicle accident with Stuart Hughes. The Attorneys filed a lawsuit on behalf of the Barrs against Hughes. Following the settlement of their personal injury claims, the Barrs sued the Attorneys for legal malpractice and related claims, challenging the Attorneys' alleged failure to pursue a claim for damages against the State for Hughes's negligence and the Attorneys' failure to inform them of their claim before they agreed to settle. The circuit court granted summary judgment for the Attorneys. The Supreme Court affirmed, holding that summary judgment was properly granted because the Barrs could not have asserted a claim against the State in their underlying negligence action, and the Attorneys were not negligent for failing to pursue one. View "Barr v. Cole" on Justia Law

Complainant, a pro se litigant, has filed a complaint of judicial misconduct against a district judge. Review of this complaint is governed by the Rules for Judicial-Conduct and Judicial-Disability Proceedings (“Judicial-Conduct Rules”), the federal statutes addressing judicial conduct and disability, and relevant prior decisions of the Ninth Circuit Judicial Council.   The Ninth Circuit dismissed the complaint. The court held that complainant provided no objectively verifiable evidence of misconduct in this matter. The court held that a review of the record reveals that the disciplinary proceedings were conducted pursuant to the local rules of the district court, and the district judge explained that the district court did not have appellate jurisdiction over the State Bar’s decisions. View "IN RE COMPLAINT OF JUDICIAL MISCONDUCT" on Justia Law

The Supreme Court dismissed Relator Mark Repp's quo warranto claim he sought to oust Rhonda Best from judicial office and to declare him the rightful holder of the office and dismissed all other claims sua sponte, holding that Repp was not entitled to relief.In 2019, Repp was elected to a six-year term as judge of a municipal court. Less than two years into his term, the Supreme Court found that Repp had engaged in professional misconduct and suspended him for one year from the practice of law. Because Repp failed to perform his official duties for more than six months, the judicial office he held was declared vacant, and Governor Mike DeWine appointed Best to fill the vacancy. After Repp was reinstated to the practice of law he filed this original action seeking a writ of quo warranto to oust Best from officer and also sought a writ of prohibition, declaratory judgment, and injunctive relief. The Supreme Court denied all forms of relief, holding (1) if a judge is absent from his official duties for at least six months, the appropriate legislative authority is allow to declare the judicial office vacant under Ohio Rev. Code 1901.10(B); and (2) Repp's remaining requests either failed to state a claim, or this Court lacked jurisdiction over his claims. View "State ex rel. Repp v. Best" on Justia Law

The Supreme Court reversed in part and affirmed in part the judgment of the district court in favor of Baldwin, Crocker & Rudd, P.C. and Kelly Rudd (collectively, BCR) in this action brought by the Northern Arapaho Tribe and the Wind River Hotel & Casino (collectively, the Tribe), holding that the district court's order imposing sanctions on the Tribe was erroneous.The Tribe brought this action seeking injunctions for the return of tribal funds and documents, an accounting, and damages for conversion and civil theft. The district court granted summary judgment for BCR on the accounting and injunctions claims and, after a jury trial, entered final judgment on the conversion and civil theft claim. The Tribe appealed, arguing, among other things, that the district court erred by awarding sanctions under Wyo. R. Civ. P. 11. The Supreme Court reversed in part, holding that (1) the district court erred in imposing sanctions because BCR failed to comply with the procedural requirements of Rule 11; (2) the district court did not err when it granted summary judgment for BCR on the Tribe's accounting claim; and (3) the Tribe failed to show the verdict would have been more favorable if racially charged evidence had not been admitted. View "Northern Arapaho Tribe v. Baldwin, Crocker & Rudd, P.C." on Justia Law

In Louisiana v. Bartie, 14th Judicial District Court Case Number 12615-16, Div. G, Judge Michael Canaday presided over multiple hearings relating to the defendant’s indigency and his request for ancillary funding for defense experts. Because the hearings involved the disclosure of defense strategy, they were conducted without the district attorney, and the transcripts were sealed. Judge Canaday found the defendant was not indigent and denied his request for funding. The defense filed a writ application with the Third Circuit Court of Appeal challenging the indigency ruling. To facilitate filing the application, Judge Canaday granted defense counsel’s request for transcripts of the hearings. After defense counsel moved to obtain a missing transcript, Judge Canaday ordered the transcript be given to defense counsel and handwrote that it be “release[d] from seal.” Judge Canaday then received an email from the district attorney’s office asking whether his order gave the district attorney’s office access to the transcripts, or only defense counsel and the Third Circuit. Defense counsel was not copied with this email. Judge Canaday replied: “Since I don’t believe the state could appeal my granting relief to the defense on funding, I don’t think they can support the courts [sic] position to deny. The courts [sic] reasons will be sufficient for the 3rd to review. If the 3rd requests a states [sic] response obviously they could access the record.” Defense counsel was not included in these communications. The district attorney’s office then filed a “Motion to Unseal All Documents and Transcripts in Regards to Determining Indigency of the Defendant.” This motion was styled neither ex parte nor unopposed. Without a hearing, Judge Canaday signed an order granting the district attorney’s office the requested relief. Defense counsel did not have an opportunity to respond. The materials released by Judge Canaday included a transcript of a closed hearing where defense strategy specific to Bartie was discussed, including experts and their expected testimony. Defense counsel successfully argued for Judge Canaday’s recusal from the Bartie case. Writ applications seeking reversal of the recusal were denied by both the Third Circuit and the Louisiana Supreme Court. The recusal and subsequent related writ applications resulted in the expenditure of significant time, effort, and funds by both the state and defense counsel. There were negative media reports concerning Judge Canaday’s actions. Media reports prompted a Judiciary Commission investigation. The Commission found Judge Canaday engaged in improper ex parte communications and inappropriately granted a state motion to release documents from seal without holding a hearing or otherwise allowing defense counsel the opportunity to respond. The Commission recommended that he be publicly censured and pay costs. The Louisiana Supreme Court concurred with the censure recommendation. View "In re: JUDGE G. Michael Canaday" on Justia Law

The Court of Appeals held that the charges against Petitioner, a Justice of the Whitehall Town Court and Whitehall Village Court, Washington County, were sustained by the evidence and that the sanction of removal from office for his acts of misconduct was appropriate.The State Commission on Judicial Misconduct served Petitioner with formal written complaints charging him with with judicial misconduct for brandishing a loaded firearm at a litigant during a case and engaging in improper fundraising. The Court of Appeals upheld the sanction of removal, holding (1) the investigation was procedurally proper; (2) there was no reason to set aside the Commission's finding of racial bias; and (3) the record supported the conclusion that Petitioner's misconduct transcended poor judgment and warranted removal. View "In re Putorti" on Justia Law

Plaintiff and Defendant both members of the State Bar, represent opposing parties in a dissolution/annulment proceeding pending in Los Angeles Superior Court. Following an incident at Plaintiff’s office relating to the canceled deposition of Defendant’s client, Plaintiff obtained a three-year civil harassment restraining order pursuant to Code of Civil Procedure section 527.6 protecting her, as well as her paralegal and office receptionist, from further harassment by Defendant.   On appeal Defendant argued, in part, that all of the conduct upon which the trial court based its findings of harassment was constitutionally protected activity and there was insufficient evidence his actions, to the extent not constitutionally protected, were directed at Plaintiff, caused Plaintiff substantial emotional distress, or would cause a reasonable person substantial emotional distress as required to support issuance of the restraining order. Defendant also argued that the court erred in including in the order members of Plaintiff’s office staff as protected individuals.   The Second Appellate District reversed and directed the trial court to enter a new order denying Plaintiff’s request for a restraining order. The court explained that Defendant’s Emails regarding his client’s deposition constituted constitutionally protected activity. The court explained that because the emails were constitutionally protected, it was an error for the trial court to conclude they were properly considered part of a course of conduct of harassment. Further, the court found that the evidence of Defendant’s nonprotected conduct did not support the court’s findings of a willful or knowing course of conduct that would cause a reasonable person and did cause Plaintiff substantial emotional distress. View "Hansen v. Volkov" on Justia Law