2012-04-25 Ltr From LADB Re Complaint_Redacted
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8/11/2019 2012-04-25 Ltr From LADB Re Complaint_Redacted
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LOUISIANA ATTORNEY DISCIPLINARY BOARD
OFFICE
OF
THE DISCIPLINARY COUNSEL
4000 S. Sherwood Forest Blvd.
Suite 607
Baton Rouge, Louisiana 70816
(225) 293-3900 1-800-326-8022
FAX
(225) 293-3300
April 25, 2012
Ms. Joyce Nanine McCool, Esq.
1772 Orleans St.
Mandeville, Louisiana 70448
RE: RESPONDENT: Joynce Nanine McCool
COJ\..1PLAINANT: Deborah J. Gambrell
FILE NO.: 0028469
Dear Ms. McCool:
We are working to conclude our investigation in the above referenced complaint.
Please respond to the following inquiry.
On August 25 2011, you posted a blog entry
on
http://sheeplessinamerica.blogspot.com/ wherein you stated, Judge Dawn Amacker
in
the
22nd Judicial District Court for the Parish of St. Tammany
in
Louisiana is also
refusing
to hear
any evidence or to protect and , even though the law requires
her
to
have a hearing and
to
take evidence. According to Judge Amacker, this is a
misstatement of he law and a mischaracterization ofwhat occurred in her Court.
n
your
blog, you further stated, still loves her daddy. She just wants im
to stop doing what he is domg to her. She do.es not feel safe with
him
alone. she said as
much
in her journal, but .. Judge Amacker just ignored her. . According to Judge
Amacker, this statement
is
also untrue. h_e Louisiana proceedings have been stayed and
as of your blog entry. there had been no evidence or evidentiary hearings held in her
Court. .
Rule 8.4(c of the Rules of Professional Conduct prohibits lawyers from engaging
in
conduct involving dishon,esty, fraud, deceit or misrepresentation. Please explain how
your
statements do not violate this rule?
..
-
On the website http://www.eyeseeonline.com/, you posted or caused to be posted
an article entitled. Justice for and , wherein, while referencing Judge
Deborah Gambrell
of
the Chancery Court for Marion County, Mississippi, you stated,
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8/11/2019 2012-04-25 Ltr From LADB Re Complaint_Redacted
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Ms. Joyce
Nanine
McCool, Esq.
April 25, 2012
Page2
Let's turn this around and be hero . Please sign the Care2 petition and continue
to
call Judge Gambrell
to
ask
her
why she is unwilling to afford and simple
justice.
You can
sign the petition and lend your voice to this cause here. Or, you can
contact directly. Contact information is:" At this point
you
listed the names and contact
information for Judge Gambrell, Judge Amacker, Judge Ainacker's Staff Attorney and
Secretary,
and
the Louisiana Supreme Court.
You
ended the article by stating,
Ask
about the writ pending that was filed by attorney ~ e McCool on Friday, August 12,
2011."
On
the website http://www.thepetitionsite.com/l/make-louisiana-and-mississippi
courts-protect-hb-and-zb/, you p o s t e d ~ caused to be posted, and/or supported the posting
of
an
article entitled "Make Louisiana and Mississippi Courts protect
HB
and ZB ",
wherein
it
states, "Insist that Judge Amacker and Judge Gambrell
do
their jobs
f you
want more info. Go to bridgetojustice.com and read the writ application to the LA
supreme court. Please sign the petition, circulate it to all ofyour friends
and
families and
call Judge
Amacker
and Judge Gambrell during the hours
of
8:30
to
5:00 starting
Monday,
August 15
to ask why they
won't
follow the law and protect these children.
Let
them
mow
you're
watching and expect them
to
do their
job
and most
of
all, make sure
these precious li ttle girls are safe. " Thereafter the names and
co11:tact
information is listed
for
Judge Gambrell, Judge Amacker, Judge Amacker's
Staff
Attorney and Secretary, and
the Louisiana Supreme Court. The article ends
by
stating, "Call the Louisiana Supreme
Court and tell them you want the law to protect these girls (504) 310-2300 ask about the
writ
pending that was
i l e ~
by attorney Nanine McCool
on
Friday, August 12, 2011."
On
the. website http://sheeplessinamerica.blogspot.com/,
on
August 25, 2011,
you
posted a blog/article entitled "Justice for and ," wherein
you
discuss the
underlying
case
and stated, ''Horr#ied? Call the judges and let them know:,,
At
this
point
you listed the names and contact information for Judge Gambrell, Judge Amacker,
Judge
Amacker'
s Staff Attorney and Secretary, and the Louisiana Supreme Court.
Lastly, you also referenced the underlying cases
on
Facebook and/or Twitter
where yo1=J linked
to these other websites encouraging others to make direct contact with
judges
and courts where the case remained pending.
Rule 3.5 of the Rules of Professional Conduct prohibits lawyers from: (a) seeking
. to influence a judge by means prohibited by law; and (b) communicating e x p ~ ~
witA _a
_:
judge during the proceeding.
Rule 8:4(a)
of
the Rules
of
Professional Conduct prohibits lawyers from violating
or
attempting to violate the Rules of Professional Conduct; knowingly assisting or
inducing another to
do
so; and doing so through
~ c t s of
others.
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Ms. Joyce Nanine McCool, Esq.
Apri l 25, 2012
Page3
lawyer cannot communicate ex parte with the presiding judge during the
litigation. Therefore, a lawyer cannot assist or induce others to communicate ex parte
with
the judge, or communicate ex parte
with
the judge through the acts
of
others. It is
the
position
of
this office that your biogs, articles, postings, petitions, etc. violate Rule
8.4 a), at
a
minimum. Because your blogs, articles, postings, petitions, etc. remain
accessible on-line
via
the internet, your violation
of
the rule and the resulting harm
remains ongoing at this time.
Should you agree, please take
a p p r o p r ~ a t e
steps to remove all offending
material from the internet. This includes all false
or
misleading i n f o r m ~ t i o n ; the
n a m e ~
and contact information for the judges,
judges
staff, and courts;
and the
solicitation for others to contact the judges directly.
Please provide proof
that
this material has been removed.
f
you
are
agreeable to this course of action, I will then be in a position
to
discuss a consent
discipline resolution which will likely involve a public reprimand.
Should you disagree, please explain why your conduct does not violate Rule
8.4 c), Rule 3.S a)
and b),
possible Rule 3.6,
and
Rule 8.4 a).
The deadline for your response is May 9, 2012. Your continued cooperation and
.prompt response
will be
greatly appreciated.
Sincerely,
~ ; ; S Q
Damon S Manning
Deputy Disciplinary
Co
sel
DSM/