According to the State Bar of California, a lawyer facing disciplinary action for tweets that allegedly incited violence against Black Lives Matter protesters cannot use rules of evidence to strike those charges. The State Bar Court also indicated that the lawyer could not dispute the accusations against her in the notice of disciplinary charges at this point in the disciplinary process. The lawyer in question, Marla Anne Brown, had requested the court to strike parts of the notice based on her claim that specific facts were irrelevant, false, prejudicial, and conclusory. However, the bar opposed Brown's motion to strike, stating that the proper way to challenge the admissibility of evidence is through a timely objection at trial or a pretrial motion to exclude evidence. Brown is accused of four counts of misconduct for posting tweets while falsely representing herself as a lawyer for the Los Angeles Police Department's police union. She has been a member of the state bar for 34 years.
Marla Anne Brown, a California employment attorney, is facing disciplinary action for tweets allegedly encouraging violence against Black Lives Matter demonstrators. The tweets, in which Brown reportedly called for the shooting of protesters, were posted while she misrepresented herself as a lawyer for the Los Angeles Police Department's police union. Brown, a member of the State Bar of California for 34 years, has denied the accusations, calling them an attempt to smear her as a racist.
The bar also rejected Brown's challenge to the substance of the charges, stating that any review of a motion based on allegations of a defective pleading must be confined to the pleading itself and must treat the factual allegations in the notice as accurate. The bar, therefore, said that the 125 pages of absolute exhibits attached to Brown's motion to strike could not be considered by the court.
The case highlights the potential consequences of social media posts by legal professionals. Lawyers are held to a high standard of conduct inside and outside the courtroom. They are subject to disciplinary action if they engage in behavior that violates professional ethics. Brown's tweets, if proven to be hers, may be seen as a breach of her duty to uphold the law and respect the rights of others.
In March, the California state bar filed disciplinary charges against Marla Anne Brown, a lawyer, accusing her of violating multiple professional rules during the days following the death of George Floyd. According to the state bar's complaint, Brown tweeted urging the general public to commit violence against those protesting the murder of George Floyd and encouraged people to "shoot the protesters." She also suggested that two people, including an MSNBC news anchor, should have their houses burned down. Brown is also accused of falsely claiming that she was an LAPD union attorney on her Twitter profile. The LAPD and local police union issued statements denying affiliation with her after her controversial tweets in 2020.
Brown is represented by Anthony Radogna, Chris Brizzolara, Krista Baughman, and Jesse Franklin-Murdock of Dhillon Law Group Inc. Akili P. Nickson represents the Office of Chief Trial Counsel. The case, In the Matter of Marla Anne Brown, case number SBC-23-O-30270, is now before the State Bar Court of California.
