Legal Ethics

Casey Anthony Lawyer Cheney Mason Won’t Face Ethics Charges for Lewd Gestures

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A Casey Anthony lawyer who made lewd gestures at spectators while drinking champagne after the July 5 acquittal won’t face ethics charges as a result of the incident.

The lawyer, Cheney Mason, apparently reacted after a spectator called out for the defense lawyers to leave a restaurant where they were celebrating the verdict, according to news reports at the time. Lead Anthony lawyer Jose Baez only smiled, but Mason made a lewd gesture using both hands and then flipped the bird.

Florida Bar counsel Annemarie Craft revealed her decision to close the case against Mason in a July 25 letter (PDF). “While the actions of Mr. Mason are not condoned,” Craft wrote, his conduct doesn’t violate lawyer ethics rules “as this appears to be an isolated incident unrelated to a legal proceeding.”

Disbarred lawyer Jack Thompson had written the Florida Bar contending that Mason’s conduct violated rules requiring lawyers to maintain the integrity of the profession. His complaint (PDF) included a picture of the bird flip and quoted Florida Bar President Scott Hawkins, who had warned lawyers to be aware of their public statements because children are watching. Wrote Thompson, “In that vein, Mr. Mason has made two obscene gestures in a public restaurant, with the whole world, including boys and girls, watching.”

Thompson was disbarred in 2008 based on a referee’s report that found he had a pattern of acting “harshly, extensively, repeatedly and willfully to simply try to bring as much difficulty, distraction and anguish to those he considers in opposition to his causes.” Thompson apparently referenced his disciplinary troubles in the complaint. “Is the bar going to look the other way and not enforce its rules as it has applied them to others?” he wrote. “The whole world is watching The Florida Bar on this one.”

Upon learning that the Florida Bar had closed the ethics complaint he filed, Thompson responded with a letter (PDF) addressed to bar officials, asserting the rationale for closing the matter is “fallacious” and “based upon a lie.”

Prior coverage:

ABAJournal.com: “Casey Anthony Lawyer Cheney Mason Makes Lewd Gesture; Is Disbarred Lawyer Filing Bar Complaint?”

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