Rule 8.2.Judicial and Legal Officials
(a)A lawyer shall not make a statement that the lawyer knows to
be false or with reckless disregard as to its truth or falsity
concerning the qualifications or integrity of a judge, adjudicatory
officer or public legal officer, or of a candidate for election,
appointment to or retention in judicial or legal office.
(b)A lawyer who is a candidate for retention in judicial office
shall comply with the applicable provisions of the code of judicial
conduct.
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ANNOTATIONSCOMMENT
Assessments by lawyers are relied on in evaluating the
professional or personal fitness of persons being considered for
election or appointment to judicial office and to public legal offices,
such as attorney general, prosecuting attorney and public defender.
Expressing honest and candid opinions on such matters contributes to
improving the administration of justice. Conversely, false statements
by a lawyer can unfairly undermine public confidence in the
administration of justice.
When a lawyer seeks judicial office, the lawyer should be bound by
applicable limitations on political activity.
To maintain the fair and independent administration of justice,
lawyers are encouraged to continue traditional efforts to defend judges
and courts unjustly criticized.
COMMITTEE COMMENT
The Committee notes that applicable provisions of the Colorado
Code of Judicial Conduct also apply to the process for selecting and
retaining judges.
ANNOTATION
Annotator's note.
Rule 8.2 is similar to
DR 8-102 as it
existed prior to the 1992 repeal and reenactment of the Code of
Professional Responsibility.
Relevant cases construing
that provision have
been included in the annotations to this rule.
Respondent's motion to recuse was not supported by an affidavit as
required by C.R.C.P. 97, thus the statements made therein were made with
reckless disregard as to their truth or falsity. People v. Thomas, 925 P.2d
1081 (Colo. 1996).
Cases Decided Under Former DR 8-102.
Falsely accusing judicial officers and others of conspiracy warranted
disbarment where respondent violated other disciplinary rules and had been
previously suspended for similar conduct. People v. Bottinelli, 926 P.2d 553
(Colo. 1996).
Disbarment warranted where attorney filed false pleadings and
disciplinary complaints, disclosed information concerning the filing of the
disciplinary complaints, offered to withdraw a disciplinary complaint filed
against a
judge in exchange for a favorable ruling, failed to serve copies of pleadings
on opposing counsel, revealed client confidences and material considered
derogatory and harmful to the client aggravated by a repeated failure to
cooperate with the investigation of misconduct, disruption of disciplinary
proceedings, and a record of prior discipline. People v. Bannister, 814 P.2d
801 (Colo. 1991).
Conduct violating this rule in conjunction with other disciplinary rules
is sufficient to justify disbarment.
People v. Bannister, 814 P.2d 801 (Colo. 1991).
Applied in People v. Harfmann, 638 P.2d 745 (Colo. 1981).
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