As Trump attorney John Eastman’s California State Bar disciplinary trial enters a critical phase, retired federal appeals court Judge Janice Rogers Brown, a self-described election integrity advocate, and a former law student of Eastman’s are set to bolster his defense. Depending on the outcome of the trial held before State Bar Court Judge Yvette Roland, Eastman may lose his law license.
Although Eastman presented Judge Brown as an expert witness given her prestigious background and current role as lecturer and senior fellow at the University of California Berkeley Law’s Public Law & Policy Program, his request was denied by Judge Roland. She ruled that Brown’s opinion on the unprecedented nature of the bar pursuing charges against Eastman is not relevant to the court’s determination of Eastman’s violations.
Following accusations related to his memos to Trump campaign officials and his activities leading up to the January 6 raid on the U.S Capitol, the mandatory membership California Bar charged Eastman in an 11-count notice of discipline in January. These charges encompass allegations of violations of moral turpitude, ethics rules, and state law regulating lawyer conduct.
Shortly after, Eastman, Trump, and 17 others were indicted by a Fulton County, Georgia grand jury on racketeering charges related to alleged conspiracies to overturn election results in the state. Eastman has pleaded not guilty.
Grappling with the central question of whether a lawyer can be disciplined for lying to the public, Stephen Gillers, a New York University professor of legal ethics, draws attention to how Rudy Giuliani and Jenna Ellis, both Trump attorneys, had received disciplinary action for public misinformation.
Gillers suggests that pending results from Eastman’s trial, as with Giuliani’s and Ellis’ cases, may provide clarity around whether knowingly making false public statements, or even delivering such falsehoods through gross negligence, can serve as grounds for discipline.
The case could lead attorneys to exercise caution in their advice, ensuring it is well-reasoned and not primarily politically driven, according to Claire Finkelstein, a professor at the University of Pennsylvania. She anticipates that the outcome will influence the behavior of those in legal professions to avoid similar discipline.