Problem

Class #7

Prosecutor Pete is becoming increasingly frustrated with Attorney Arnie, a

recently-admitted member of the bar, who is representing Defendant in a
criminal case. Pete has noticed, in several cases, that Arnie has a tendency
to stretch the holdings of cases beyond reasonable argument and advocacy.
When Pete points this out in court, Arnies response to judges is to attribute
the mischaracterizations of the holdings of the cases to innocent mistakes
and to blame it on inexperience. The judges do not seem to remember
that Arnie is a repeat offender in this regard, simply rule against him, and tell
Pete to move on when he complains. In the latest incident, Pete was
furious because he felt that Arnie almost succeeded in confusing the judge
into an erroneous ruling. In the hallway outside the courtroom after the
hearing, Arnie said jovially to Pete: Guess I got another one wrong! Pete
yelled angrily at him: Save the charm for the judge, kiddo; you are either a
moron who cant read a case or a scumbag who shouldnt have been
admitted to the bar! The remark was overheard by the bailiff who was in
the hallway, but no one else.
1.
How are the facts of this case similar to Boca Burger?
The attorney in Boca Burger also failed to cite the correct law and suggested
to the judge he should rule or use his discretion that he knew or should have
known was contrary to existing law. (misdirected judge)
2.
How are the fact of this case different (distinguishable) from Boca
Burger?
In the present case they are mischaracterizations of good law, stretching
the holding. In the Boca case, counsel suggested court to rule like a case
that was no longer correct law. Also, it is unclear in Boca whether counsel
acted in good faith. Here, it is clear Pete is a repeat offender.
3.
Did Prosecutor Pete step out of bounds with his comments? If so, what
should he have said to Arnie?
No.
4.

If you were Prosecutor Pete, would you

A.
File a motion for sanctions against Arnie with the Court?
B.
Report Arnie to the local Bar panel that reviews charges of
unprofessional conduct?
C.
File a Florida Bar grievance seeking formal disciplinary sanctions
against Arnie?

D.
Attempt to have a civil, non-adversarial discussion with Arnie
about his conduct?
E.
None of the above? If you choose this option, you must indicate
what you would do.