Legal professional Nicholas D. Mosser used to be sanctioned — to the music of $3,600 — via the 6th Court docket of Appeals in Texarkana for “disrespectful” feedback.
“Whilst this court docket does no longer take the topic of sanctions flippantly, we can not forget about the numerous disrespectful statements Mosser has made to this court docket — about this court docket, the trial court docket and the executive pass judgement on — which might be with none foundation if truth be told,” the court docket stated within the order.
The problematic conduct the ethics grievance accuses Mosser of is described via Law360:
Whilst representing his shopper, Mosser allegedly made feedback about Leader Justice Josh R. Morriss III, accusations in opposition to trial court docket and administrative judges and talked to court docket workforce in a disrespectful method, the court docket stated. As an example, in a single submitting, he stated Morriss didn’t “respect the regulation of Texas on the place to record, easy methods to record and what to record.”
The court docket warned Mosser in an order in January to stop his remark concerning the court docket, pronouncing his statements “impugn the integrity” of workforce and judges. It stated Mosser accused the court docket of deception via growing secret orders when having a war of words over a rejected movement.
In that order, the court docket informed Mosser to not use profanity when talking with the clerk’s place of work or deal with workforce in a opposed method.
In briefing, Mosser additionally described rulings of the trial court docket as “atrocious habits of the person masquerading as a pass judgement on.”
However what truly stuck the eye of Above the Regulation is the justification Nicholas Mosser’s regulation spouse, James Mosser, gave to the court docket for his feedback within the sanctions listening to:
“My fear is that, however the truth that Nicholas’ paperwork and pleadings is also competitive or even unkind to the court docket from time to time, I don’t see any proof that it disrupted or interfered with the growth of this court docket,” James Mosser stated in that listening to. “If we didn’t intervene with justice or a prison continuing, we didn’t do the rest dangerous, we’re simply imply other people. … It’s no longer contempt,” James Mosser stated.
That… does no longer appear to be a justification for the alleged habits.
The court docket additionally denied Mosser’s movement to have the appellate judges disqualified and the Excellent Court docket of Texas denied his switch request.
Mosser stated he plans to attraction the sanctions order.
Kathryn Rubino is a Senior Editor at Above the Regulation, host of The Jabot podcast, and co-host of Pondering Like A Attorney. AtL tipsters are the most efficient, so please attach together with her. Be happy to e mail her with any guidelines, questions, or feedback and practice her on Twitter (@Kathryn1).