Topline
Far-right attorney Sidney Powell may soon face disciplinary action—ranging from a reprimand to disbarment—for her post-election lawsuits alleging widespread election fraud, as the disciplinary committee at the State Bar of Texas filed a petition in state court alleging the lawyer committed professional misconduct through her efforts to overturn the 2020 election.
Attorney Sidney Powell leaves federal district court in Washington, D.C., on June 24, 2021.
Key Facts
The Commission for Lawyer Discipline, a committee of the State Bar of Texas, asked a district court in Dallas County to issue a judgment of professional misconduct against Powell and “determine and impose an appropriate sanction.”
The committee alleges Powell violated rules of professional conduct that prohibit attorneys from making false statements, using false evidence, bringing frivolous lawsuits, taking a position that causes “unreasonabl[e] delays” or “burdens” and “engag[ing] in conduct involving dishonesty, fraud, deceit or misrepresentation.”
The petition, which was filed March 1 and made public Tuesday, points to Powell’s failed post-election lawsuits in battleground states that alleged widespread fraud, arguing the attorney “had no reasonable basis to believe the lawsuits she filed were not frivolous.”
Powell also took positions that “unreasonably increased the costs or other burdens of the case,” the petition alleges, such as by refusing to dismiss a case in Michigan—for which she was later sanctioned—after it was no longer possible to challenge the election results.
The committee also pointed to Powell altering a document in Georgia that she included as a legal exhibit in her case there.
Powell said in a statement the State Bar’s decision was “unfortunate and poor,” but said she “look[s] forward to the trial, as no court has ever heard the first witness in support of any of our claims.”
What To Watch For
Under the State Bar of Texas’ procedures, the district court will hold a hearing to determine whether Powell committed professional misconduct, and if she’s found guilty, it may hold a second hearing to determine what the punishment should be. The lightest punishment Powell could face would be a public reprimand for her actions, while harsher consequences could include a temporary suspension of her law license, being put on probation, monetary sanctions or full disbarment.
Chief Critic
“No lawyer could practice law under the rule they would set for me,” Powell said Wednesday, adding she believes the trial “will be very enlightening for the public.”
Key Background
The State Bar of Texas was revealed to be looking into whether Powell committed professional misconduct in August, after state officials in Michigan submitted a complaint with the bar regarding Powell’s post-election lawsuit there. Powell’s potential disciplinary action with the state bar are one of a number of consequences the attorney now faces for her four post-election lawsuits—a legal strategy Powell dubbed “releas[ing]
the Kraken” after the 1981 film The Clash of the Titans, but was ultimately entirely unsuccessful. In the Michigan case, Powell and her co-counsel were forced to pay sanctions of more than $175,000—which are now being appealed—and undergo legal education, and the attorneys were all referred to their respective state bars for potential discipline. Powell has also been sued for defamation by voting machine company Dominion Voting Systems for her baseless fraud claims involving their machines, though a judge dismissed Tuesday a separate defamation complaint brought against Powell by rival voting company Smartmatic.What We Don’t Know
What other post-election attorneys may face discipline next. Trump attorney Rudy Giuliani has already had his law license suspended for his efforts to overturn the election, and the State Bar of Texas is also moving forward with a complaint against state Attorney General Ken Paxton after he asked the U.S. Supreme Court to overturn election results in four battleground states. The State Bar of Georgia has also been investigating far-right attorney Lin Wood, who challenged Georgia’s results and was also one of the attorneys sanctioned in Powell’s Michigan case, and ex-Trump adviser John Eastman and Justice Department attorney Jeffrey Bossert Clark are also under investigation. A new Democratic-linked group, the 65 Project, launched this week with the aim of targeting 111 post-election attorneys for committing professional misconduct, and it has already filed ethics complaints against 10 lawyers.
Further Reading
Sidney Powell To Face Texas State Bar Investigation—Potentially Leading To Her Disbarment (Forbes)
Campaign Targets 111 Trump-Linked Election Lawyers. Here’s Some Already Facing A Backlash. (Forbes)
