In Re: Sean Conway, File No. 2007-51308(17B) (Fla. Bar 2007) (attorney discipline proceeding),

Status: Public reprimand issued, Florida Bar v. Conway, No. SC08-326 (Oct. 29, 2008).

The Florida Bar began a disciplinary investigation of attorney Sean Conway for comments he posted on the JAA blog (jaablog.jaablaw.com), part of the web site of the Justice Association of Broward [County], a group of criminal defense attorneys. The comments questioned the courtroom procedures of Broward Circuit Judge Cheryl Aleman, and called her an "evil, unfair witch" who is "seemingly mentally ill.”

Florida’s rules of professional conduct bar attorneys from impugning a judge’s qualifications or integrity.

Conway and the Bar had agreed to a public reprimand in the case. The Florida Supreme Court asked for briefing on whether Conway’s comments were protected by the First Amendment, but then issued the reprimand.

Links and Court Documents:

A Legal Battle: Online Attitude vs. Rules of the Bar
Should Lawyer Be Disbarred For Harsh Criticism Of a Judge
Attorney Argues His 'Witch' Comments About Judge Are Protected Speech
IT'S ON: CONWAY V. FLORIDA BAR
>> Fla. Bar investigative file
>> Supreme Court docket

Barrett-Jackson Auction Company, LLC v. ThumbCo, No. 07-00561 (D. Ariz. filed March 15, 2007).

Status: Settled.

A company that sponsors auctions of antique cars sued Michigan Probate Court Judge David Clabuesch after various blogs and websites claimed that the company had “quick-gaveled” a 1970 Plymouth Barracuda that Clabuesch sold at one of the auctions, thus allowing it to be sold for less than its expected value. Clabuesch denied posting any of the comments. On Jan. 9, 2008, the parties reached a settlement that apparently included a financial payment.

Links and Court Documents:

www.azcentral.com/community/scottsdale/articles/0317sr-bjsuit0317Z8.html

http://www.detnews.com/apps/pbcs.dll/article?AID=/20070318/UPDATE/703180358/1148/rss25

http://www.azcentral.com/news/articles/0110neauction0110suit.html

http://www.wallstreet-online.de/nachrichten/nachricht/2230186.html

Settlement statement: http://www.barrett-jackson.com/statement/

Melvin v. Doe, No. G.D. 99-10264 (Pa. C.P., Alleghany County 2000).
Status: Dismissed by plaintiff

Pennsylvania Superior Court Judge Joan Orie Melvin sued the anonymous author of the web site grantstreet99, which focused on local politics in Alleghany County, Pa., over allegations that she had improperly lobbyied former Pennsylvania Governor Tom Ridge on behalf of an attorney seeking appointment to the Allegheny Court of Common Pleas bench.

Melvin originally sued in Virginia, home of "Grant Street ‘99’s" web host AOL, seeking an ex parte order requiring AOL to reveal the webmaster’s identity of "John Doe." When the Virginia action was dismissed for lack of jurisdiction, Judge Melvin then filed suit in Pennsylvania.

The trial court ordered Doe’s identity revealed and three fellow judges of Melvin’s on the Superior Court declined to consider the merits of the appeal. In November 2003, the Pennsylvania Supreme Court sent the case back to the Superior Court and ordered a consideration of the merits. Melvin then dropped the case.

In 2006, at a trial in a separate federal suit, John J. Chapman testified that he was behind the Grant Street99 website. The jury in the federal suit, in which Chapman alleged that he was improperly fired from his job with Alleghany County because of the site, found in favor of the county. (Chapman v. Cannon, Civil No. 01-1341 (W.D. Pa. jury verdict May 26, 2006)).

Links and Court Documents:
http://www.citmedialaw.org/melvin-v-doe
http://www.post-gazette.com/pg/04094/295582.stm
http://www.freedomforum.org/templates/document.asp?documentID=3434
http://www.law.com/jsp/article.jsp?id=1069170417384
http://www.pittsburghlive.com/x/pittsburghtrib/news/cityregion/s_455043.html

CRIMINAL CASE: Ohio v. Baumgartner, No. CR-05-470184-A (Ohio C.P. Ct., Cuyahoga County indictment Aug. 30, 2005)
Ohio v. DuBois, No. CR-05-470184-B (Ohio C.P. Ct., Cuyahoga County indictment Aug. 30, 2005)
Status: Baumgartner is appealing her conviction; Charges against DuBois dismissed pursuant to plea bargain.

Elsebeth Baumgartner of Oak Harbor, Ohio and Bryan DuBois of Sandusky, Ohio allegedly used their site www.erievoices.com to libel and harass retired Cuyahoga County Judge Richard Markus, who had presided over a libel lawsuit against Baumgartner that ended with a $175,000 verdict against Baumgartner.

During the trial in this case, on criminal charges of intimidation and harassment for the web site postings and other activities, Baumgartner moved to have trial judge Shirley Strickland Saffold removed from the case. Although Saffold refused to recuse herself, Baumgartner continued to argue for recusal. Saffold eventually ordered her jailed for contempt. Baumgartner then presented a note from her doctor that she was not competent to stand trial, and Saffold ordered her admitted to a psychiatric hospital for evaluation.

In March 2006 DuBois pleaded guilty to separate charges against him in Ottowa County. As part of the plea bargain, the Cuyahoga County charges were dismissed and DuBois agreed to testify against Baumgartner in her trial.

On June 1, 2006, Baumgartner was again found in contempt and jailed; she was released on Oct. 5. On Oct. 31, 2006, Baumgartner was found guilty of 27 counts of contempt of court, and on Nov. 15 she was found guilty of 15 felony counts of intimidation and retaliation. On Nov. 28, 2006, Baumgartner was fined $2,700 and sentenced to 120 days in jail for the contempt counts, which she is appealing; on Dec. 18, 2006, she was sentenced to eight years in prison for the intimidation and retaliation counts, with the sentence stayed pending appeal. But her bond was revoked in 2008, after Baumgartner filed yet another lawsuit in violation of the conditions of her appeal bond. Baumgartner appealed the bond revocation, but the Ohio Supreme Court affirmed (Baumgartner v. Duffey, 2009-Ohio-1218, 2009 WL 792230 (slip opinion)).

Links and Court Documents:
http://www.citmedialaw.org/state-v-baumgartner
http://www.portclintonnewsherald.com/apps/pbcs.dll/article?AID=/20060328/NEWS01/603280303
http://www.wkyc.com/video/player.aspx?aid=14346&sid=38099&bw= (video)
http://www.portclintonnewsherald.com/apps/pbcs.dll/article?AID=/20050927/NEWS01/509270301/1002
http://www.portclintonnewsherald.com/apps/pbcs.dll/article?AID=/20051214/NEWS01/512140306/1002
http://www.northcountrygazette.org/articles/060206BaumgartnerJailed.html
http://mp3.rbnlive.com/Greg/0603/20060329_Wed_Greg1.mp3 (audio)
http://www.northcountrygazette.org/articles/100506ReleasedFromJail.html
http://www.toledoblade.com/apps/pbcs.dll/article?AID=/20061031/NEWS02/610310359
http://www.cleveland.com/news/plaindealer/index.ssf?/base/cuyahoga/116367081364530.xml&coll=2
http://toledoblade.com/apps/pbcs.dll/article?AID=/20061129/NEWS02/611290323/-1/NEWS
http://www.sanduskyregister.com/articles/2008/05/10/front/754929.txt