In re Eckelman

Summary

The Kansas Supreme Court disciplined Linda L. Eckelman for misconduct during a criminal jury trial, including ex parte discussion of a mistrial, undignified and discourteous conduct toward the judge, and false or recklessly made statements concerning the judge. The court adopted the hearing panel’s findings and unanimously ordered published censure, assessing the proceeding’s costs against Eckelman.

Holdings

1. Eckelman violated KRPC 3.5(c) by discussing the merits of declaring a mistrial with Judge Hampton in chambers without providing notice to the prosecutor.
2. Eckelman violated KRPC 3.5(d) by engaging in undignified and discourteous conduct degrading to the tribunal.
3. Eckelman violated KRPC 8.2(a) by repeatedly accusing Judge Hampton of speaking improperly with jurors when she had no basis for the accusations and made them with reckless disregard for their truth or falsity.
4. Published censure was the appropriate sanction for Eckelman's violations of KRPC 3.5(c), KRPC 3.5(d), and KRPC 8.2(a), and the costs of the proceeding were assessed against her.

Questions Presented

1. Whether clear and convincing evidence established that Eckelman violated KRPC 3.5(c) by discussing the merits of a mistrial with the judge ex parte.
2. Whether Eckelman's conduct in chambers violated KRPC 3.5(d)'s prohibition on undignified or discourteous conduct degrading to a tribunal.
3. Whether Eckelman's accusations that the judge improperly spoke with jurors violated KRPC 8.2(a) because they were made with reckless disregard for their truth or falsity.
4. What discipline was appropriate for the violations.

Disposition

other