In Open Court

A terse opinion of the Louisiana Supreme Court

The Office of Disciplinary Counsel (“ODC”) commenced an investigation into allegations that respondent engaged in an inappropriate verbal exchange with opposing counsel in open court. Prior to the filing of formal charges, respondent and the ODC submitted a joint petition for consent discipline, in which the parties stipulated that respondent violated Rule 3.5(d) of the Rules of Professional Conduct.

Having reviewed the petition, IT IS ORDERED that the Petition for Consent Discipline be accepted and that Iain A. Dover, Louisiana Bar Roll number 33540, be publicly reprimanded.

The Advocate reported

A veteran prosecutor in Orleans Parish District Attorney Leon Cannizzaro’s office was reprimanded Monday over a courtroom dust-up he had in August with defense attorney and political consultant Ike Spears.

The state Supreme Court publicly chided Assistant District Attorney Iain Dover for “an inappropriate verbal exchange with opposing counsel” in court.

There were no more details in the public order, but a source with knowledge of the investigation confirmed that it involved a testy blow-up between Dover and Spears in the courtroom of Criminal District Court Judge Robin Pittman.

The two attorneys were arguing over whether Pittman should increase the bail for a defendant in a domestic violence case, according to a transcript. Spears claimed the accuser had previously been convicted of filing a false police report against his client, but Dover said Spears had no proof of that.

“Excuse me, sir. You’re a liar,” Dover told Spears.

“I will punch the (expletive) out of you if you call me a liar again,” Spears replied.

Dover responded by calling Spears a liar again.

Spears raised a fist to Dover, who raised his arm up “in a blocking motion.”

When Pittman tried to stop the fight, Spears told her he was going to be the bigger man than Dover — but also offered to settle the exchange “outside the courtroom.”

“Perhaps, you shouldn’t, Mr. Spears,” Pittman said. The judge then ordered the two men into her chambers. They both apologized on the record after meeting with her.

“Your Honor, let me first apologize to the court for losing my temper with Mr. Dover, threatening to kick his butt after using profanity in the courtroom. It won’t happen again,” Spears said.

“I’ll make the same apology, Judge,” Dover said.

(Mike Frisch)