Attorney Faces Discipline Over Sexist Slur

Thank you to attorney Robin Shea of Constangy Brooks Smith and Prophete LLP for her post on Lexology.

She recounts how an attorney lost in a hearing and then, when leaving, turned to the two female opposing counsel and said: “See you next Tuesday. See you next Tuesday.”

The comment seemed innocuous enough. Unless a person was hip to the slang meaning of “see you next Tuesday.” If you are not sensitive, you can read the meaning here.

Spoiler alert: It is a four-letter word that starts with C-U.

The judge presiding at that hearing, after being alerted to the meaning of the sentence, issued this order.

He said, in part:

“An attorney is an ‘officer of the court’ who, by virtue of his or her professional position, undertakes certain ‘special duties … to avoid conduct that undermines the integrity of the adjudicative process.’ ” (F.T.C. v. Network Services Depot, Inc. (9th Cir. 2010) 617 F.3d 1127, 1143.) In other words,” ‘[l]t is vital to the integrity of our adversary legal process that attorneys strive to maintain the highest standards of ethics, civility, and professionalism in the practice of law.’ (People v. Chong (1999) 76 Cal.App.4th 232, 243, 90 Cal.Rptr.2d 198.) Indeed, unwarranted personal attacks on the character or motives of the opposing party, counsel, or witnesses are inappropriate and may constitute misconduct. (Id. at p. 245, 90 Cal.Rptr.2d 198; see also Stone v. Foster (1980) 106 Cal.App.3d 334, 355, 164 Cal.Rptr. 901.)” (In re S.C. (2006) 138 Cal.App.4th 396, 412.) “When, during the course of trial, an attorney violates his or her obligations as an officer of the court, the judge may control the proceedings and protect the integrity of the court and the judicial process by reprimanding the attorney.” (Chong, supra, 76 Cal.App.4th at 243-244.)”

The judge referred the unprofessional conduct to the State Bar for disciplinary action.

Too bad Arkansas Circuit Court Judge Susan Kaye Weaver does not defend women against similar conduct.

On March 17, 2022, during the hearing in which attorney William Z. White admitted a non-suit against me was in order, he leaned toward me and said “Bitch” loudly.

Court Reporter Jana Perry decided not to include that sexist slur in the transcript of the hearing.

Judge Weaver completely ignored the slur. She was too busy transferring property that should have belonged to me to Mr. White and his client.

Like: “We’re going to dismiss you, Bitch, so shut your mouth. You are not allowed to speak the truth on behalf of your trust.” Oh, and see you next Tuesday.