Attorney Faces Discipline for Criticizing Probate Judge in E-mail

An Indiana attorney and blogger is fighting back after he was charged with a grievance for criticizing a judge's handling of an estate case in an e-mail sent to opposing counsel. Paul Ogden has filed a counterclaim against the state disciplinary commission, arguing that the charge against him violates his First Amendment right to free speech and that he is being targeted, according to Indiana Lawyer.

Ogden is an outspoken attorney who practices in many areas of law, including probate. At the conclusion of an estate matter that Ogden was handling, he sent an e-mail to opposing counsel, complaining about how the judge handled the case. According to Indiana Lawyer, the e-mail said the judge "should be turned in to the disciplinary commission for how he handled this case," claiming that the estate's value dwindled to nothing due to improper oversight.  Ogden wrote, "[i]f this case would have been in Marion County with a real probate court with a real judge, the stuff that went on with this case never would have happened.”

The Indiana disciplinary commission filed a grievance against Ogden for violating professional rules of conduct by making a false or reckless statement concerning the integrity and qualifications of a judge. Ogden is also being charged with ex parte communication for letters he sent to several judges informing them of a decision regarding civil forfeiture cases.

In his counterclaim against the disciplinary commission, Ogden claims he is being targeted after he wrote a piece critical of the commission on his blog, Ogden on Politics. Ogden stands by his criticism of the judge and the commission, and asserts the grievances violate his free speech rights. The executive director of the disciplinary commission, G. Michael Witte, said that attorneys' speech is naturally more highly regulated because of the potential impact of that speech, according to Indiana Lawyer.

For Indiana Lawyer’s article on the case, in which a law professor characterizes the Model Rules' restriction on judicial criticism as "a trap for lawyers," click here.

For Ogden's take on the disciplinary proceeding, click here.