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Victor R. Marshall v. Supreme Court of New Mexico
Paid petition · Supreme Court of New Mexico, No. S-1-SC-37698 · judgment January 13, 2022
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question 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?
Counsel of record
For petitioner
Alan B. Morrison
George Washington Law School
For respondent
Jane Gagne
Disciplinary Board of the New Mexico Supreme Court
Case
Conference history
Distributed for 1 conference
Proceedings
- May 31 2022Petition DENIED.
- May 10 2022DISTRIBUTED for Conference of 5/26/2022.
- Apr 26 2022Waiver of right of respondent Supreme Court of New Mexico to respond filed.
- Apr 07 2022Petition for a writ of certiorari filed. (Response due May 11, 2022)