HOW TO FILE A BAR COMPLAINT AGAINST O'NEILL

[merh]

A new DUer posted this as a reply - I think it should have its own thread:

JLFinch (18 posts) Thu Aug-26-04 08:19 AM
Response to Original message

1. Stop John O'Neill and force accountability upon him - this is how...
John E. O'Neill
CLEMENTS O'NEILL PIERCE WILSON ET AL
1000 LOUISIANA ST STE 1800
HOUSTON, TX, 77002
phone [phone]

Bar Card Number: 1529750

John E. O'Neill, author of Unfit for Command, is an attorney licensed and practicing in Texas. Rumor has it he thinks he will be appointed a federal judge...let's not let that happen.

According to the Texas Disciplinary Rules of Professional Conduct:

Rule 8.02 Judicial and Legal Officials (a) A lawyer shall not make a statement that the lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the *qualifications or integrity* of a judge, adjudicatory official or public legal officer, or of a *candidate for election* or appointment to judicial or legal office.

Rule 8.04 Misconduct (a) A lawyer shall not: (3) engage in conduct involving dishonesty, fraud, deceit or misrepresentation;

The State Bar can sanction him, suspend his license or even DISBAR him.

PLEASE WRITE, FAX, FED EX THE TEXAS STATE BAR TO COMPLAIN ABOUT THESE VIOLATIONS - including specific examples would be best:

P.O. Box 12487
Austin, Texas 78711

1414 Colorado St.
Austin, TX 78701

Fax: [phone]

Telephone Numbers --- but writing is better

Toll Free: [phone]
Local: [phone]


FEEL FREE TO POST THIS EVERYWHERE AND E-MAIL IT EVERWHERE

http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=132&topic_id=671587#

[H2O Man]

1. This is important!

Merh: I hope you will post this on the GD "Instant Karma" Plame thread. It is exactly the type of thing that DUers should be doing.

[merh]

2. Will do H2O - We need as many folks as possible to participate

if they feel so inclined.

[Darby]

56. Ben Ginsberg (BC04 atty) and Possible Ethics Violations Come to Light

Did you see this on Atrios today (http://www.atrios.blogspot.com)?

Ginsberg's admitted actions, as compared to the ethics code of the DC bar...



Self-inflicted Ethics Violations

Ginsburg may have admitted to one, if not two, violations of the DC bar. http://kmarx.blogspot.com/2004_08_01_kmarx_archive.html#109358572461744727

[napi21]

3. I doubt this would work.

The part that says "the lawyer knows to be false or with reckless disregard as to its truth or falsity" could easily be denied by O'Neil. He would simply state that he STILL believes everything he said is true. Thus the knows to be false would make it an invalid application on this rule.

Sorry, I wish it could be done too, but if it were this simple, I'd bet it could have been applied to almost anyone who was ever nominated for a judgeship.

[merh]

4. How about his denial of being in Cambodia yet his admission

to Nixon that he was in Cambodia? - Afterall, there are transcripts.

[lottie244]

6. It's lie in at least one of the situations. I'm in!!

Just because we THINK it won't work doesn't mean it won't work!!

[napi21]

7. The Cambodia thing can't be proven right or wrong.

O'Neil would simply say he doesn't believe Kerry was there on Christmas Eve.

I really hate to be a wet blanket here, but you're talking about dealing with a bunch of lawyers, and you have to be able to prove that O'Neil actually knew he was lying in the book and his statements in the ads, etc. It's almost impossible to PROVE somebody Knows something.

[merh]

28. Oneill has said he was never in Cambodia, therefore Kerry could

never be in Cambodia. But, we have a transcript (recording) of O'Neill saying he was in Cambodia. He ranting regarding not being in Cambodia are lies.

[AP]

13. He wasn't under oath when he talked to Nixon.

Was he? Although, it is powerful circumstancial evidence he's lying now.

I think the big lie is in his discription of what happened on the river. It contradicts the record, and it contradicts what everyone without a financial motivation says about events.

[merh]

17. Let the bar investigate - they are the ones that know the

burden of proof and the evidence necessary to ethically sanction an individual - to complain is a right. O'Neill has set himself out to be an honest, upstanding individual. As an officer of the Court and a member of the bar, he puts himself in the position of being scrutinized for his words and actions.

[Darby]

25. Detailed list of lies: http://mediamatters.org/items/200408250008

EXACTLY.

The BAR will determine if he has been dishonest or misleading or had committed fraud.

EXACTLY - He is bound by the ETHICS RULES that bind all lawyers in Texas. Not like the other non-lawyer vets. GOTCHA.

Let's not forget how much $$$$$$ O'Neill is making off this book - CONFLICT OF INTEREST. Motive to lie.



This will help (O'Neill's lies documented and debunked here):

http://mediamatters.org/items/200408250008


Get your friends and families to write letters. Get your dog to write letters.

[merh]

36. Lying under oath is perjury - not talking perjury

different standards and burden of proof.

[AP]

47. see below.

[Jackpine Radical]

38. He doesn't have to be under oath to violate the ethics code

with a lie. Doing so under oath would constitute a criminal act, but the act doesn't have to be criminal in order to rise to the level of an ethical violation. That's the whole point of a profession having a code of ethics that is more stringent than criminal law.

He has clearly violated Rule 8.04:

Rule 8.04 Misconduct (a) A lawyer shall not: (3) engage in conduct involving dishonesty, fraud, deceit or misrepresentation

Hell, even taking Kerry's testimony out of context counts as "deceit" and "misrepresentation."

[AP]

46. But he could have been lying to Nixon, which probably wouldn't be covered

by the ethics code. I'm saying, as a referant, it doesn't tell you much about the truth.

What others who were there say would be way more powerful.

[merh]

49. I can't imagine defending myself at a hearing by saying . . .

"Well gee, I was just lying to President Nixon, I was making it up then, I wanted him to like me!" That sure would make me such a credible person. Talk about impeaching the credibility of a witness!

[AP]

9. When you investigate all the money that changed hands and the promise

of political reward for doing this, it might be pretty powerful circumstancial evidence that he wasn't doing all this because he felt it was true.

Incidentally, the part about "candidates for political office" suggests that this rule might have been written to take into consideration precisely this situation.

[Darby]

26. O'Neill making $$$$ off of this book

= Motive to lie

[KharmaTrain]

5. There's A Lot of Perjury Here...

I saw another thread on a Swiftliar who was a prosecutor. The gaul of someone who serves as an officer of OUR courts, responsible for upholding and finding the truth doing such a blatant and injurious lie.

In '98 these same assholes pissed and moaned how Clinton's penis would be the downfall of our judicial system, since if he could lie about what "is is" then if he wasn't impeached we would become a lawless society. Where are these hypocrites now when faced with such serious lies and slander on a scale that could easily destroy a person.

I'd love to see a list of all the Freeperboaters, who are lawyers or in professions where their lying in affadavits would infringe on others (as in the justice system). Also it'd be interesting to see how many voted and/or donated to repugnican groups or candidates.

O'Neill needs to be disbarred for his actions. He's violated a ton of ABA ethics violations already and hopefully someone will start the investigation wheels going ASAP. It'd be a pleasure to see this goon disbarred.

[Jacobin]

8. Newsflash:

John Kerry is running for President of the United States. He is not seeking appointment for nor running in an election to be a judge.

"a *candidate for election* or appointment to judicial or legal office."

[NV1962]

10. *URGENT UPDATE*

An emergency analysis of the original post in this topic has revealed that not a single mention of the word "Kerry" has been found! In another shocking turn of events, this topic appears to focus on something named "O'Neil" instead!

[Jacobin]

21. That's funny. I thought you were accusing O'Neil of

making false statements about Kerry.

Excuse me.

I must have misread.

[AP]

11. I think a member of judicial, executive, or legislative branches might be

a legal office, since they all make and interpret and enforce the laws. Do you think this rule wouldn't apply if a prosecutor were telling lies about the police chief or the local FBI director? If they just ment judicial officers, they would have said so. And if they did, it would have left out activity by lawyers, since many of them work for executive departments on the state and federal level. And I don't think this rule is meant to allow people who run for judgships to tell lies about the DA.

Non-legal public offices might be things like the school board, or the director of the recreation or sanitation departments.

[merh]

14. John Kerry is a public official, a member of the MA bar

and a candidate for president.

[Jacobin]

22. He's not running for judge

Read the damn thing

[merh]

23. If you don't want to file a complaint - just ignore -

Rule 8.04 Misconduct (a) A lawyer shall not: (3) engage in conduct involving dishonesty, fraud, deceit or misrepresentation;

[Darby]

12. It WILL work

An attorny in Oregon who appeared in the SwiftBoat Vets ad - French - is now under investigation by the Oregon bar for ETHICS violations. It's getting media coverage - and the bar was pressured to act because of all the public complaints.

Believe me, the Bar does NOT like sleazy attornyes of ANY political persuasion. If O'Neill has not violated the rules, then no one has or ever will.

Rule 8.04 is a very broad catch all - any sort of DISHONES or MISLEADING CONDUCT. These rules exist to stop him from doing EXACTLY WHAT HE IS DOING NOW.

The lies have already been set forth for you here:

http://mediamatters.org/items/200408250008

Pick your favorites and put them in a letter to the Texas Bar.

Will it kill you to write one Letter? DO IT! DO IT! DO IT!

[Darby]

15. Please spread the word - post this Everywhere

Let's use the force of the moral authority of the PEOPLE to persuade the Texas State Bar to do the right thing.

[H2O Man]

16. There are two distinct but related issues:

(1) Our filing complaints against O'Neill.
(2) The possibility that authorities will take action on our complaints.

We are responsible for what we do in regard to #1. We have control over our actions. We can do the right thing, by being an active participant in grass-roots democratic activities, or we can wring our hands and pout and blame external factors for our bump-on-a-log mentality.

We are not responsible for issue #2. We may very well find that the system will form a protective cocoon around O'Neill. We have no control over that. But, even if that occures, we will have done our part, and laid the foundation for future actions against O'Neill.

[merh]

18. Thanks H2O, you are so right. If we remain silent, then

we have no right to complain.

[Darby]

30. What about OUR Free speech?

Don't we have a right to free speech just like the SWBFT?

They are counting on winning by bullying us into timidity.

Are we going to let that happen?

Remember how DeLay's goons banged down doors and screamed and chanted to disrupt the vote count in Florida?

[Fridays Child]

19. Do we have a list of his lies? Here are some, that I know of...

The Cambodia lie-- but what are the exact details?

The lie to Chris Matthews that he voted for Dems. His contribution history proves otherwise. And, when confronted by it, he tried tosay that a) some of those contributions were from a law partner of the same last name. This was a compounding lie, as proven by the partner's own contribution record. He also tried to say that he supported Dems at the local level but the records of contributions to local Texas politicians proves that he's lying about that, too.

We also know that he did not serve with John Kerry. He served after Kerry. So, if he's claimed to have any firsthand knowledge, such claims would be lies, as well.

What else?

[merh]

20. See the link at post 12.

http://mediamatters.org/items/200408250008

[Darby]

24. Complete list of lies and debunking here

Like it just worked in Oregon on ADA French.

Take the time write one letter.

This will help (O'Neill's lies documented and debunked here):

http://mediamatters.org/items/200408250008


Get your friends and families to write letters. Get your dog to write letters.

[Fridays Child]

33. Hi, Darby.

Welcome to the best forum on the Internet! :hi:

[JLFinch]

54. Great forum

thanks.

I personally have filed a thick ethics complaint with the bar. In Texas we get a monthly magazine listing all the attys that have been sanctioned, etc. You can get sanctioned for missing a deadline, for mismanaging client money. Certainly what O'Neill has done is so so so so so far beyond that.

[democrat_patriot]

27. I work for a Stae Bar Association

To lodge a complaint - all you need to do is call. They take your information, contact the lawyer in question - and make a decision to press forward.

Is Texas a mandatory bar?

He is probably a member of the ABA, and local county bar as well.

I'll write them a letter, contemplating using letterhead, but that may get me in hot water.

[merh]

29. I think the more DUer's complain the better the chances that

the bar may look into our complaints. Be careful re: your use of letterhead, these creatures have horribly wicked memories -- some like O'Neill, hold grudges for 35 years!!!

[H2O Man]

31. Please do not use letterhead.

Never open the door for any "distraction." We need a citizens' movement, which does not depend upon our job or social status. You do not need the other side looking to cause any problems for you.

[merh]

32. kick for the evening shift to consider!

eom

[merh]

34. kick

[CitySky]

35. Will Do

Thanks JLFinch. Will do, now that I'm here.

Will also try to post some reminders next week
about the DeLay matter before House Ethics committee...
but can only focus on one unethical Republican at
at time!

First post.

newbie CitySky

[JLFinch]

37. I'm working on getting the story into Texas newspapers

I want them to report that ethics complaints have been made against O'Neill for lying

[merh]

41. Again, another wonderful idea from you JLFinch!

You are one smart cookie! Thanks so much! Good luck and please report back.

[merh]

39. Welcome CitySky --

May your posts be many and your experiences joyful!

Please keep in mind that there are some very strong minded, original thinkers on DU. It is very addicting to be a DUer.

:hi: Welcome

[CitySky]

40. Thanks Merh

Yeah, this looks like a pretty lively place!

[genius]

42. How about that Cordier guy in Oregon. Texas has a joke for a bar

Of course, Oregon isn't much better.

[Democrat 4 Ever]

43. Disbar O'Neill

The letters might not mean anything to the Texas Bar but let's think a little bigger. You don't honestly think a Texas Republican shill is going to lose his livelihood in Texas? No, but does O'Neill have plans, big plans? So O'Neill has his eye on a judgeship? Let's make sure that his name is too hot of a potato for consideration. Just not worth the battle.

How could any committee considering names for judicial appointments overlook thousands of letters calling for disbarment? He might still be a lawyer but for God's sake let's keep him off the bench.

Just a thought.

[JLFinch]

44. Exactly - let's tar and feather O'Neill with his own slimy lies

You wanna talk trash, O'Neill? Fine. Then prepared to drag that trash around with you for the rest of your professional career.

I have sent copies of my eithcs complaint to and/or notified certain media outlets (Texas indy news papers, mainstream newspapers, others), asking them to research and follow up.

Looking for all of the leverage I can find. As time permits I will expand my media outlet contacts.

REMEMBER - THEY got Bill Clinton dibarred in ARKANSAS. It can be done.

[merh]

45. Welcome to DU Ky For Kerry!

I like your thinking - we need to try every option available to keep this creep from ever getting any position of confidence or power. If he can be this despicable as a citizen, just imagine how evil he would be if he held an appointed or elected office. :puke:

Welcome to you - :hi:

[Democrat 4 Ever]

53. Thanks for the welcome

Most boards discussing political issues is just sniping back and forth between Kerry and BoyGeorge supporters with nothing of substance brought forth. Just a pissing contest between the unconvertible! Like the discussion, plans found here. Thanks for the welcome.

:dem:

[merh]

55. This posters on this forum can spin, but they are also very

active and put their research skills and their typing to work. I must warn you, DU is ver addicting! Enjoy! :hi:

[shivaji]

48. I can see why we have lost in 1968, 1972, 1980, 1984, 1988, 2000

and won only 3 times in 32 years (1976 help from watergate),
1992 & 1996 (Big Dog with his enormous charisma & political
gifts).

IMHO we are on the way to losing for the 7th time in 2004,
UNLESS we redirect our energies. What I am saying is that
instead of wasting time on answering the SFVT liers, we
should be pounding the public about JOBS, OUTSOURCING, and
HEALTH CARE, the issues people care most about.

Instead, the rethugs have us exactly where they want us,
wasting time on finding dirt on the likes of O'Neal, *,
and other repukes. Does anyone think we are going to win
over even 1% of the die hard repukes & right wingers this
way? And the so called independents are looking for exactly
what the democratic agenda will be for the next 4 years.
They don't give rats ass about O'Neal.

This thread is dumb, the thread for finding connections
between Bushco and SFVT's is dumb....can't win any votes
that way.

[merh]

51. Simply ignore the thread, you can move on - nothing to see here...

Who says that filing a complaint with the Texas bar is all that any one is doing? I can chew gum and walk at the same time. The more the SBV group are discredited, the better it is for Kerry. I still have folks telling me Kerry is a commie and the SBV have that ad yet to come out (yes, they have one in the works).

You don't need to concern yourself with this if you don't like it or agree with it. Why you bother to post in a thread you don't agree with is beyond me. Simply ignore it and move on. :shrug:

[Scorpious_Maximus]

50. As we found out in Oregon, They HAVE to take it serious. n/t

[merh]

52. The Arkansas Bar took serious the complaints filed against Big Dawg!

The fact that the Swiftboat Vets for Truth are liars is important. Discrediting them is important.

Thanks for your post. :hi: