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IN RE HINDS

90 N.J. 604 (1982)

449 A.2d 483

IN THE MATTER OF LENNOX S. HINDS, AN ATTORNEY AT LAW.

The Supreme Court of New Jersey.

Decided August 4, 1982.

Attorney(s) appearing for the Case

Morton Stavis argued the cause for respondent Lennox S. Hinds (Morton Stavis, Bernard K. Freamon and Alfred A. Slocum, attorneys; Lewis Myers, Jr., a member of the Mississippi and Illinois Bars, of counsel; Morton Stavis, Bernard K. Freamon and Neil M. Mullin, on the brief).

Colette A. Coolbaugh, Assistant Director, Ethics & Professional Services, argued the cause for complainant District VIII Ethics Committee (Colette A. Coolbaugh, attorney; Harold L. Rubenstein, on the brief).

Stephen M. Latimer submitted a brief on behalf of amicus curiae Public Interest Lawyers of New Jersey (Stephen M. Latimer, attorney; George Conk and Patricia Thornton, on the brief).

Elizabeth M. Schneider and Frank Askin submitted a brief on behalf of amici curiae The American Civil Liberties Union of New Jersey and The Association of Black Women Lawyers of New Jersey.

The opinion of the Court was delivered by HANDLER, J.

This case requires us to determine the constitutional scope of rules disciplining an attorney for making out-of-court statements publicly criticizing the trial judge's conduct of an ongoing criminal trial. Lennox Hinds, the appellant, claims that as a matter of constitutional right under the First Amendment, an attorney cannot be disciplined for making such statements unless they present a "clear and present danger...

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