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IN THE MATTER OF THE DISCIPLINE OF AN ATTORNEY

442 Mass. 660 (2004)

IN THE MATTER OF THE DISCIPLINE OF AN ATTORNEY.

Supreme Court of Massachusetts, Suffolk.

October 13, 2004.

Attorney(s) appearing for the Case

John W. Marshall, Assistant Bar Counsel.

Martin R. Rosenthal for the respondent.

Sarah R. Wunsch, Andrew H. Good, Patricia A. DeJuneas & David Duncan, for American Civil Liberties Union of Massachusetts & another, amici curiae, submitted a brief.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.

MARSHALL, C.J.

The principal issue in this case is whether an attorney's conduct that the Board of Bar Overseers (board) concluded neither "flagrantly violat[ed] . . . accepted professional norms" nor "undermine[d] the legitimacy of the judicial process," Matter of the Discipline of Two Attorneys, 421 Mass. 619, 628, 629 (1996), may be sanctionable conduct "prejudicial to the administration of justice" under S.J.C. Rule 3...

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