The Louisiana Supreme Court has disbarred a former Assistant United States Attorney for posting anonymous, online comments about cases being handled by his office.
From November 2007 through March 2012, Sal Perricone, an Assistant United States Attorney for the Eastern District of Louisiana, used five anonymous pseudonyms to post over 2,600 comments on the New Orleans Times-Piscayne website. On 100 to 200 of those posts, Perricone offered his strong opinion on cases with which either he or his office were affiliated.
In one case that involved the prosecution of police officers over the shooting of unarmed civilians in the aftermath of Hurricane Katrina, Perricone wrote: “NONE of these guys should have ever been given a badge.” The officers were convicted but, the district court judge reversed the police convictions, in a 129 page opinion that cited “grotesque prosecutorial misconduct,” referring in part to Perricone’s comments.
In turn, the Office of Disciplinary Counsel filed a formal complaint against Perricone to the Louisiana Bar Disciplinary Board. The Disciplinary Board found that Perricone violated Louisiana Rules of Professional Conduct 1.7(a)(2), 3.6, 3.8(f), 8,4(a), and 8.4(d). Specifically, the Board found that Perriconeacted knowingly and intentionally, and that he had violated duties owed to his clients, his office, the public, and the legal system. The Board also found that Perricone’s misconduct caused actual harm to the perception of the legal profession and the reputation of the United States Attorney Office. On these grounds, the Board recommended Perricone’s disbarment.
In its opinion, the Louisiana Supreme Court adopted many of the Board’s findings. In determining a sanction, the Court looked at aggravating factors, such as Perricone’s selfish motive,his pattern of misconduct, and his substantial experience in the practice of law. In mitigation, Perricone argued that he was suffering from complex PTSD, which affected his conduct. However, the Courtfound that regardless of any PTSD, the testimony at the Board’s hearing evidenced that Perricone knew right from wrong and that knew at the time that he should not have posted the comments.
The Court determined that the only appropriate sanction was Perricone’s disbarment. The Court noted that in the “age of social media, it is important for all attorneys to bear in mind that ‘[t]he vigorous advocacy we demand of the legal profession is accepted because it takes place under the neutral, dispassionate control of the judicial system.’” The Court cautioned “all the members of the bar that a lawyer’s ethical obligations are not diminished by the mask of anonymity provided by the internet.”
Read the full opinion here.
