Orly Taitz stepped in it big this time. As TPM reports:
In an interview with TPM just now, Birther evangelist Orly Taitz fired back at Clay Land, the U.S. district court judge who tore apart Birtherism and threatened Taitz with sanctions in an order today, saying that "somebody should consider trying [the judge] for treason and aiding and abetting this massive fraud known as Barack Hussein Obama."
"This is so outrageous what this judge did -- it goes in the face of law and order," said Taitz, reached at her office in Mission Viego, CA. "Not every judge is as corrupt as Judge Land. Some judges believe in the Constitution. And some judges believe in the rule of law."
Man, is this "lawyer" stupid.
Membership in the State Bar of California imposes mandatory duties on each attorney. These duties include, "[...] maintain[ing] the respect due to the courts of justice and judicial officers." Cal. Civ. Code, B&PC §6068. Disciplinary actions against attorneys in violation of any provision of the statute is conducted by the State Bar, usually initiated by a complaint filed with a Grievance Committee. However, the Supreme Court of California maintains jurisdiction and plenary authority over all attorneys admitted to practice in the state. The statute provides that, "[f]or any of the causes provided in this article, arising after an attorney's admission to practice, he or she may be disbarred or suspended by the Supreme Court [...] Nothing in this article limits the inherent power of the Supreme Court to discipline, including to summarily disbar, any attorney". Id. at §6100.
All it will take for the State Bar to begin a disciplinary investigation is for another California barred lawyer to file a complaint. Not an incredibly high hurdle. Such a complaint is protected by an absolute privilege, meaning that it cannot be the basis for a libel or civil rights claim. In addition, in certain circumstances – especially where there has been media publicity of the alleged conduct – the State Bar may accept complaints, "from any member of the public, who feels, whether rightly or wrongly, that he has been aggrieved by the action of the attorney, or feels interested in complaining about the attorney, no matter how informally made the complaint may be. . . ." Chronicle Publishing Co. v. Superior Court In and For City and County of San Francisco, 54 Cal.2d 548, 7 Cal.Rptr. 109, 354 P.2d 637 (1960). So, anybody in California can make a complaint to the State Bar about the outrageous comments that poor Orly made publicly about Judge Land, without concern that the crazy lady will sue them for libel.
Make no mistake, publicly assaulting the integrity and competence of a judge – much less making wild accusation of treason – is conduct for which an attorney may be disciplined, including suspension or even disbarment if the conduct was willful and egregious, or the attorney fails to demonstrate remorse. Of course, Judge Land can haul Taitz back into his court and sanction her conduct. The local rules of the U.S. District Court for the Middle District of Georgia require attorneys to conform to the Rules of Professional Conduct, and the court retains inherent authority to discipline attorneys violating those standards. Rule 8.2(a) mandates that, "[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". Had she said what she said in open court, before the judge, then it would be criminal contempt of court, but unfortunately Taitz waited to let the crazy shine through. As it is, while Judge Land may not be able to slap Taitz in jail, he can impose substantial sanctions on the twit.
So, whether in Georgia or in California, or both, Taitz's lunatic rant about Judge Land could land her in a big pot of boiling poetic justice. Let's just hope it comes to pass.