Federal judge orders lawyer who leaked docs to media to take ethics classes, do community service
A New York lawyer who was performing work at little or no cost for immigrants held in federal detention centers apparently meant well.
But Bryan Johnson admits he made a mistake by providing two documents to the media in alleged violation of a confidentiality order. Following his apology to the court, U.S. District Judge Dolly Gee ordered (PDF) Johnson to perform 75 hours of community service and take two classes on legal ethics, reports McClatchy, the news service to which Johnson provided the documents.
Johnson’s lawyer, David Kaloyanides, described the penalties to a McClatchy reporter as lenient.
Johnson originally faced a potential finding of criminal contempt concerning the leaked documents in the Central District of California case. However, Gee on Monday dismissed that matter and imposed the penalties as a civil sanction, essentially holding Johnson in civil contempt, Kaloyanides told the ABA Journal.
This was possible because Johnson admitted the violation, giving Gee “more options” and allowing a lesser penalty than the referral to New York attorney disciplinary authorities previously threatened by Gee, the attorney explained.
“This is not about me,” said Gee during a Monday hearing in federal court in Los Angeles, describing Johnson’s conduct as “shocking and shameful.” Confidentiality agreements, she said, “are not little pieces of paper you can disregard. … You either keep your promise or don’t make a promise. Hopefully this has been a teachable moment.”
Related coverage:
ABAJournal.com: “Federal judge threatens to hold immigration lawyer in contempt for leaking confidential document”
ABAJournal.com: “Lawyer says concern for safety of his clients motivated his leak of confidential documents”
