Democrats Persecute Conservative Lawyers For Doing Their Jobs

Recently, the District of Columbia Court of Appeals Board of Professional Responsibility recommended the most drastic punishment — disbarment — for former U.S. assistant attorney General Jeff Clark over his private strategic counsel in the aftermath of the 2020 election. This complaint was pushed by leftist activists to punish individuals by going after their livelihoods, despite the clear lack of criminal, unlawful, or unethical behavior.

Even past attorneys general — William Barr, Jeff Sessions, and Michael Mukasey — filed an amicus brief to push back against this “dangerous precedent,” writing: 

Disciplining Mr. Clark would open the door to charging federal lawyers with ‘dishonesty’ or ‘attempted dishonesty’ for statements made during oral arguments, theories in briefs, legal advice provided in memoranda, or even (as here) proposals in privileged internal draft documents and discussions. Such acts of political retribution would severely discourage lawyers from serving in the federal government and invite extraordinary dysfunction as federal lawyers constrain the advice they provide for fear of political retaliation by the Bar.

Over the past decade, radical politicians and interest groups have tried to take away attorneys’ licenses and thus livelihoods over partisan disputes, as in Clark’s matter before the D.C. Appeals Board. The obvious intent of these attacks — which echo other attacks from the left such as debanking conservatives, voting against company directors, and threatening doctors’ licenses — is to stifle conservative voices.

Some Will Lose Their Rights

Attorneys are one of the most important groups to protect from these attacks because their
entire job is to open the courthouse doors for their clients. If they are deterred by the left from representing certain groups, those groups will lose their constitutional rights to access the courts and have their causes zealously argued or even to receive legal advice in the first place. If we want a society where attorneys feel free to perform the services their clients expect and deserve, we must enhance the protections for their licenses — especially from outside agitators who have no business engaging in this interference.

There has been an increase in bar complaints lodged against conservative attorneys by individuals with no first-hand knowledge of the allegations being made. The significant increase in complaints of this nature shows the disciplinary process is being weaponized by the radical left, which should be a concern to all Americans.

Abuse of Judicial System

Perhaps no greater example can be found of this abuse of our judicial system than after the 2020 election in Arizona, when two respected attorneys faced legal complaints for their work representing the Arizona Republican Party, as political officials across the country worked to hash out challenges to the hotly contested general election. The most insidious part of the claims against these men wasn’t simply about the filings, but that a New Jersey congressman, U.S. Rep. Bill Pascrell, led the official accusations. 

Most people, regardless of their understanding of our legal system, can apply good-old-fashioned common sense to conclude that lawsuits must be waged between two sides with a substantial nexus to the alleged misconduct. Yet, Pascrell had no connection to the case. He filed a complaint against the Arizona-based attorneys that was ultimately dismissed. However, the damage was done to these attorneys’ reputations because of their fight to beat the frivolous charges from an unconnected, unhinged, partisan Democrat thousands of miles away.

Whether you agree or disagree with the efforts to extend litigation in the courts in the aftermath of the 2020 election, it is uncontestable that the left and their allies grossly abused their powers to undermine and intimidate attorneys who were attempting to do their jobs within a legal system enshrined by the American Constitution.

These tactics were experienced across the country, as President Donald Trump and Republican-affiliated attorneys found themselves not only defending their clients but their livelihoods against increasingly personal and vicious attacks — from parties that, again, had no direct interest or tie to the case.

Montana Case

This reality was also seen more recently in Montana, where dozens of charges were leveled against the attorney general, the honorable and respected Austin Knudsen. The allegations were, in part, brought against him for exercising his First Amendment right to criticize justices on the state’s Supreme Court as he worked to execute his constitutionally appropriated responsibilities to the people and legislature.

Again, what was most egregious about this case was that one of the earliest steps was an ethical complaint lodged by a California-based attorney — hundreds of miles away from the action. Because of this complaint, Knudsen is now fighting a serious suspension that could complicate his abilities to represent Montanans.

Arizona Law Would Protect Attorneys

These cases, and plenty more, are why I have been working on legislation in Arizona to protect well-meaning, law-abiding, and ethical attorneys from fear of reprisal from outside radical left agitators. If signed into law, the bill would mandate that the State Bar of Arizona and the Supreme Court immediately dismiss all complaints against attorneys if the complainant does not have an attorney-client relationship with the attorney or another substantial nexus to the attorney’s alleged violation or conduct, and when it is clear that the complaint is simply a difference of political opinion.

In addition, I collaborated with the Arizona Supreme Court to change its rule that had allowed this persecution to take place. This reform is necessary for many good conservatives who deserve to work their profession without fear of political persecution. I’m grateful that the court made the right decision to strike the balance of protecting the public from bad attorneys while defending good attorneys from frivolous complaints. 

As our nation has become more politically polarized, it is clear that we must guard the legal profession to ensure that bad actors are not permitted to chase away good attorneys who are committed to doing their jobs. Not everyone will agree with the cases those attorneys assume — and that’s okay. Our nation’s judicial system, which allows parties to peacefully work out their disagreements, is part of what makes our nation the envy of the entire world. We should resolve to defend our hallowed judicial system from nefarious agitators who must not be allowed to interfere with or manipulate it.

Warren Petersen is president of the Arizona State Senate. Follow him on X at @votewarren.