This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

State Bar & Bar Associations,
Law Practice,
Ethics/Professional Responsibility

Feb. 17, 2022

Calling female commissioner ‘succubistic’ is free speech, State Bar judge rules

"Distasteful as it is, this comment was made figuratively, representing rhetorical hyperbole, and consequently is protected by the First Amendment," Judge Cynthia Valenzuela wrote.

An attorney who called an Orange County commissioner's fee denial "succubistic" in a 2020 sexual harassment case was protected by the First Amendment, a State Bar judge determined, but recommended probation, fines and a 30-day suspension of his bar license for other insults and a perceived lack of remorse.

"I do not have any comment on the bar court's instant decision about my case, as litigation is still pending, other than to say that the...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up