Volokh Conspiracy spots a finger-wagging footnote from the Fourth Circuit, apparently designed to bolster greater civility in the practice of law:
Finally, we feel compelled to note that advocates, including government lawyers, do themselves a disservice when their briefs contain disrespectful or uncivil language directed against the district court, the reviewing court, opposing counsel, parties, or witnesses. Unfortunately, the government’s brief is replete with such language: it disdains the district court’s “abrupt handling” of Appellant’s first case, Appellee’s Br. 19; sarcastically refers to Appellant’s previous counsel’s “new-found appreciation for defendant’s mental abilities,” Appellee’s Br. 21; criticizes the district court’s “oblique language” on an issue unrelated to this appeal, Appellee’s Br. 22; states that the district court opinion in Jones “revealed a crabby and complaining reaction to Project Exile,” Appellee’s Br. 57; insinuates that the district court’s concerns “require[ ] a belief in the absurd that is similar in kind to embracing paranormal conspiracy theories,” Appellee’s Br. 59; and accuses Appellant of being a “charlatan” and “exploit[ing] his identity as an African–American,” Appellee’s Br. 61.
The government is reminded that such disrespectful and uncivil language will not be tolerated by this court. See Ruston v. Dallas County Tex., 320 Fed.Appx. 262, 263 (5th Cir.2009) (striking pleadings because they “contain abusive and disrespectful language”); Carter v. Daniels, 91 Fed.Appx. 83, 84 (10th Cir.2004) (finding party’s “language in his brief intemperate and disrespectful of this court and the district court,” and cautioning party that it may be subject to sanctions if it continues to file such pleadings); Hamad v. Deshazo, 1996 WL 556788, at *1 (5th Cir.1996)(unpublished) (warning party that “the use of abusive and uncivil language, as displayed in his appellate brief, will not be tolerated by this court” and directing him to “review all pending appeals to make sure that they do not contain such language”). United States v. Venable (4th Cir. Jan. 18)
Hooray. And may judges as well take these wise words to heart.
