(a) Seek to influence a judge, juror, prospective juror, or other official by means prohibited by law;
(b) Communicate ex parte with such a person except as permitted by law; or
(c) Engage in conduct intended to disrupt a tribunal.
Comment
[1] Many forms of improper influence upon a tribunal
are proscribed by criminal law. Others are specified in the ABA Model
Code of Judicial Conduct, with which an advocate should be familiar.
A lawyer is required to avoid contributing to a violation of such provisions.
[2] The advocate’s function is to present evidence
and argument so that the cause may be decided according to law. Refraining
from abusive or obstreperous conduct is a corollary of the advocate’s
right to speak on behalf of litigants. A lawyer may stand firm against
abuse by a judge but should avoid reciprocation; the judge’s default
is no justification for similar dereliction by an advocate. An advocate
can present the cause, protect the record for subsequent review, and
preserve professional integrity by patient firmness no less effectively
than by belligerence or theatrics.
