At some point, almost every child hears the phrase, “If you can’t say anything nice, don’t say anything at all.” Usually the admonishment is reserved for children who insult their siblings or who complain about an “evil” teacher who assigned “too much homework.” But during the 2008 election season, the question becomes whether this admonition applies to lawyers in their comments about judges.
Attorneys generally are prohibited from making false statements verbally and in writing concerning the qualifications or integrity of judges. Rule 8.02(a) of the Texas Disciplinary Rules of Professional Conduct provides:
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.
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