State v. Scott

Defending the freedom to speak freely in court.

After criminal defense lawyer Eric Scott filed a brief criticizing a judge--stating that the judge was either "lazy, incompetent, biased, or prejudiced"---the judge held Scott in contempt and sentenced him to jail. The contempt conviction for an attorney representing his client and expressing his opinion in a brief was a violation of the freedom of speech.

We filed an amicus curiae (friend of the court) brief supporting Scott in his appeal to the Idaho Court of Appeals. The Idaho Court of Appeals reversed the contempt decision and vacated Scott's conviction.