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State's highest court strips Tom Finneran of his law license; says lawyers can't be allowed to lie under oath

The Supreme Judicial Court ruled today that former house Speaker Thomas Finneran be disbarred, saying lying under oath was a serious enough offense to keep him away from the bar.

Finneran had argued his offense was not really all that bad because he didn't commit it as part of his law practice. The court disagreed:

The respondent's misconduct implicates both the integrity of the judicial system and the honesty of a member of the bar. We have no reason to disagree with the finding that the respondent's conduct during the voting rights lawsuit represented an aberrant event in his long career of serving his constituency and the public with loyalty and distinction. But the respondent was convicted of a serious crime involving false testimony to a court under oath in a significant case about fundamental rights. ... [T]he public perception of the bar would be gravely damaged if this court were to impose a sanction less than the generally applicable one of disbarment.

In 2007, federal prosecutors dropped perjury charges against Finneran in exchange for his pleading guilty to a single charge of obstruction of justice. In the plea agreement, however, he agreed he "knowingly and willfully made misleading and false statements" during a court hearing on a lawsuit over the way the state re-drew legislative district lines.

Complete ruling.
Finneran's plea agreement.

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Comments

When a lawyer is speaking in court, he or she is not under oath, technically? Is there some ethical restraint to a lawyer knowingly speaking falsely during a case?

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He was there as speaker of the Massachusetts House of Representatives, and he was testifying under oath about how he helped redraw legislative district lines after the 2000 census. That was actually part of his argument - that disbarment was too severe a punishment for something he wasn't doing as a lawyer. Court said not so fast, bud.

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Ignoring this case, is there some restraint against a lawyer telling falsehoods in court?

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Established by the Supreme Judicial Court.

See, especially:

http://www.mass.gov/obcbbo/rpc3.htm#Rule%203.3

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An attorney is an officer of the court. Lying in court will get you jail, fines, censure from the Bar, or disbarment.

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It's a long running tradition. While sleazy lawyers might say anything in front of a camera, once you're in a courtroom, they're held to very strict ethical standards.

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that they held this lawyer and former speaker of the house accountable for lying under oath. He does not deserve a license to practice law if he lies in court or in an affidavit.

As a special prosecutor said once in a case against Irving Scooter Libby where Libby was charged with perjury, obstruction of justice and lying to an FBI investigator, "Truth is the engine of the justice system."

Justice was done in that case too until our corrupt president intervened and commuted his sentence claiming only 23 months was too much. W made it zero days. The conviction stood and Scooter was disbarred for his criminal conviction. Now if we could only get Scooter to recant and tell the story about how Dick Cheney outed a covert CIA agent maybe Libby could find redemption and Cheney justice.

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