2012-04-25 Ltr From LADB Re Complaint_Redacted

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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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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3/3

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/

Documents

2012-04-25 Ltr From LADB Re Complaint_Redacted