The American Bar Association publishes Model Rules of Professional Conduct that have been adopted with some minor changes by all state bar associations. Rule 8.2 comes into play relating to Supreme Court nominee Judge Kavanaugh and how he can be properly and ethically described by practicing attorneys.
“Rule 8.2: Maintaining the Integrity of the Profession. 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 … or of a candidate for … appointment to judicial or legal office.”
Based upon the anticipated sworn testimony of the women complaining of Kavanaugh’s actions while younger, coupled with the corroborating affidavits of other potential witnesses (whom the Judiciary Committee is likely to exclude), a practicing attorney apparently will be able to properly — and without fear of disciplinary action under Rule 8.2 — refer to Judge Kavanaugh (or Justice Kavanaugh, if he is confirmed) as an “attempted rapist”.
We need to await the Committee testimony — AND any other reliable evidence presented by complainants that the Committee will elect to ignore — before we can determine the most accurate description of Brett Kavanaugh that passes muster under Rule 8.2.