Ethics And F-Bombs

A stayed two-year suspension with conditions was imposed by the North Carolina Disciplinary Hearing Commission on an attorney for foul language in representing Occupy Asheville protesters including herself

After Magistrate Fisher reported to Foster that there was not an outstanding warrant for Foster, Foster exclaimed, “[w]hat the fuck is going on around here?”

Magistrate Fisher warned Foster that her vulgarity was the second time she had used inappropriate language in the magistrate’s courtroom area, and that Magistrate Fisher was “going to have to ask [Foster] to leave.”

Foster did not immediately exit the magistrate’s courtroom area, but repeated the vulgar expletive three or four more times, including “[t]his is fucking ridiculous.”

The magistrate held the attorney in contempt and the feeling apparently was mutual

Foster then walked toward the exit door and Magistrate Fisher instructed her to stop, but Foster exited the magistrate’s courtroom area, stating as she left, “[w]hat the fuck is going on?” and “[t]his is a bunch of bullshit.

 She was held for about 48 hours on the contempt and on release

In a social media posting about her contempt conviction prior to her de novo appeal in Buncombe County Superior Court, Foster wrote, “[Funny thing is that, pursuant to the First Amendment, myself, like every one of you, has the right to tell the judge they are a fucking idiot, which I didn’t even do in this case … innocent I tell you!”

In another social media posting about her contempt conviction prior to her de novo appeal in Buncombe County Superior Court, Foster also admitted to cursing out of “extreme frustration” and “generally raising hell” in the magistrate’s courtroom area before Magistrate Fisher.

The contempt was reversed by the North Carolina Court of Appeals but the court noted

We are, however, very troubled by defendant’s use of profanity in the magistrate’s office while conducting court-related business despite warnings by the magistrate about the inappropriate language. Such disrespect, particularly by an attorney familiar with proper courtroom practices, is wholly inappropriate. In addition, we are disturbed by defendant’s Facebook posts following the incident which evidence her failure to acknowledge the wrongfulness of her conduct – – indeed the posts indicate a very cavalier attitude.

Defendant went so far as to create a Facebook post regarding the incident that stated: “Funny thing is that pursuant to the First Amendment, myself, like every one of you, has the right to tell the judge they are a fucking idiot, which I did not even do in this case. Innocent, I tell you, struck by lightning tn this arbitrary system we call American justice.” Given defendant is a lawyer, practicing in our State’s courts, we find defendant’s attitude. offensive and incomprehensible.

Under the circumstances, the “F bomb” violated two rules

By using profanity before Magistrate Fisher in the magistrate’s courtroom area, and by continuing to do so after being warned by Magistrate Fisher about her inappropriate language, Defendant engaged in undignified or discourteous conduct that was degrading to a tribunal in violation of Rule 3.5(a)(4)(B), and also engaged in conduct that was prejudicial to the administration of justice in violation of Rule 8A( d). 

The opinion notes that the attorney is an honors graduate of the University of North Carolina at Chapel Hill Law School. She is admitted in three states with no prior discipline. 

She had been administratively suspended in 2013 and had raised PTSB in the reinstatement.

Also

In correspondence with the State Bar’s opposing counsel, Foster accused opposing counsel of prosecuting this action against her for political reasons and because of her cannabis activism, of suborning perjury by presenting the testimony of Magistrate Fisher, and threatened further legal action against both opposing counsel and Magistrate Fisher.

At the hearing, Foster acknowledged that she had no supporting evidence that this action was politically motivated against her, cited her PTSD as the reason for her accusations, and apologized to opposing counsel…

Foster used at least one vulgarity in her e-mail communications with the State Bar’s opposing counsel, and at the hearing apologized to opposing counsel for doing so.

We had previously posted the outcome of the matter but without the details. (Mike Frisch)