The U.S. Supreme Court recently denied Robert Myers’ request that it review the decision made by the Montana Supreme Court to disbar him from the practice of law in the state. Myers was disbarred for advertisements that he ran in a judicial campaign against District Court Judge Jeffrey Langton in 2016. The ads were found to have been published with a reckless disregard for their truth or falsity. In addition, they contained false or misleading statements concerning the qualifications or integrity of a judge. Myers was also found to be engaging in conduct involving dishonesty, fraud, deceit or misrepresentation.
In his Writ of Certiorari, Myers characterized his disbarment and suspension as an “extreme punishment” and accused the Montana Supreme Court of including “an intentional fabrication of two findings of fact” and “falsifying official records” He called the fabrication “antithetical to American democracy” and “destructive to any justification for sanctioning the attorney [himself] for his advertising.”
“The Montana Supreme Court can’t defile the integrity of the Montana system of justice in the name of protecting it and have any credibility in the argument,” he wrote, pro se, in his own defense. He accuses the Montana Supreme Court of ignoring his affidavits attesting that Langton was guilty of illegal drug use and other crimes. He claims that his rights to free speech were being violated by the Court.
“The extreme nature of this case shows that even if an attorney running for judge has affidavits he can be disbarred for allegedly false speech without facts to show what he knew was false. Lawyers are forced to decide to represent the interest of their clients, protect the system or risk sanctioning. The proposition presented by the current state of attorney discipline is that to comment one must surrender his ability to be an attorney. These actions and decision conflict with this Court’s precedence on the first amendment and allegedly false speech,” he wrote.
The U.S. Supreme Court denied Myers’ Writ of Certiorari on June 4, 2018.