Maine Lawyer Tries to Get Federal Government Lawyer Investigated for Litigating Government’s Claim Related to Transgender Athletes
From WMTW:
A federal judge has denied a motion from a Maine lawyer asking for a special counsel to investigate the attorney representing the federal government in its Title IX lawsuit against the Maine Department Education.
{On April 16, U.S. Attorney General Pam Bondi announced the Department of Justice was suing the Maine DOE for violating Title IX by allowing transgender athletes who were assigned male at birth to compete in girls’ sports.}
Randy Creswell … filed a motion in federal court Thursday that accuses U.S. Department of Justice attorney Matthew Donnelly of discriminating against Maine students on the basis of gender identity by continuing to pursue the case.
No, said Judge Stacey Neumann (D. Me.):
ORDER re 9 NOTICE to Appoint Special Counsel to Investigate and Prosecute, as Necessary, Formal Disciplinary Proceedings Against Matthew J. Donnelly, Esq. for Professional Misconduct …. I conclude the appointment of special counsel is not warranted, and no further action on this filing is necessary.
You can read Creswell’s motion here, and here’s the relevant professional conduct rule:
It is professional misconduct for a lawyer to …
(d) engage in conduct that is prejudicial to the administration of justice;
(g) engage in conduct or communication related to the practice of law that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, or gender identity.
(1) “Discrimination” on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, or gender identity as used in
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