Curse Words Reverberate
A reciprocal 120-day suspension was ordered by the Wisconsin Supreme Court for misconduct sanctioned in Minnesota.
On January 11, 2023, the Supreme Court of Minnesota suspended Attorney Nickitas’s Minnesota law license for 120 days for using profane, abusive, and obscene language while communicating with court staff, making false and disparaging comments about a judge, and attempting to exert improper influence on a judge. Attorney Nickitas timely notified OLR of the Minnesota suspension.
From the Minnesota opinion
On or about April 12, 2019, Nickitas called the courthouse to inquire about the status of L.A.’s IFP application and spoke with the civil division lead worker. Nickitas immediately, and without provocation, began speaking to the civil division lead worker in a “heated tone.” While on the phone with the civil division lead worker, Nickitas screamed loudly and used the word “fuck” multiple times to express his discontent over the court’s denial of L.A.’s IFP application. The civil division lead worker testified that she attempted to explain to Nickitas that a judge made the decision to grant or deny an IFP application, but Nickitas repeatedly and loudly interrupted her, in effect preventing her from speaking. While cutting off her attempts to obtain and provide information, Nickitas told her to “shut up” because he wanted her to listen to him and he believed she was talking over him. Nickitas also stated, “You people do not know what the fuck you are doing.”
Despite the civil division lead worker’s calm manner, Nickitas spoke loudly enough that her supervisor, who was seated approximately 10 feet away, heard Nickitas’s voice coming from the phone. The supervisor understood, even from that distance, that Nickitas’s tone and volume was offensive and abusive. When prompted to rate Nickitas’s call on a scale with zero or one as the least intense and ten as the most intense, the civil division lead worker emphatically testified that she categorized the call as a ten and stated that Nickitas’s call was “the worst one ever.”
The supervisor had the call transferred to him. Nickitas’s belligerent and profane statements continued. Nickitas asked which judge made the determination. When he learned which Judge had made the determination, Nickitas began using disparaging, obscene, and profane language toward the Judge, stating, “She doesn’t even know what the fuck she’s doing” and “she probably barely passed the fucking bar.” Nickitas also stated that he should report the Judge to the “board,” which the supervisor understood to be the board governing judicial conduct and ethics.
Nickitas insisted that the supervisor immediately address his concerns, stating, “I don’t give a shit about the bureaucratic bullshit, I want something done right now.” The supervisor calmly and politely informed Nickitas that he would reach out to the Judge and he would then contact Nickitas with an update. After concluding the call with Nickitas, the supervisor spoke with the Judge and the Judge again reviewed the IFP application. The Judge reaffirmed that the form Nickitas submitted did not provide enough information and, given Nickitas’s claim that he had not received a copy of the original denial order, granted Nickitas an additional week to supplement L.A.’s application. Concerned about the allegations of unfairness and Nickitas’s behavior, the Judge advised the supervisor to direct the forthcoming supplemental IFP application to the signing judge, rather than route it back to her.
(Mike Frisch)