LOUISIANA ATTORNEY DISCIPLINARY BOARD

OFFICE OF THE DISCIPLINARY COUNSEL

4000 S. Sherwood Forest Blvd.
Suite 607
Baton Rouge, Louisiana 70816
(225) 293-3900 1-800-326-8022 FAX (225) 293-3300
April 25, 2012
Ms. Joyce Nanine McCool, Esq.
1772 Orleans St.
Mandeville, Louisiana 70448
RE: RESPONDENT: Joynce Nanine McCool
COJ\..1PLAINANT: Deborah J. Gambrell
FILE NO.: 0028469
Dear Ms. McCool:
We are working to conclude our investigation in the above referenced complaint.
Please respond to the following inquiry.
On August 25, 2011, you posted a blog entry on
http://sheeplessinamerica.blogspot.com/ wherein you stated, "Judge Dawn Amacker in
the 22nd Judicial District Court for the Parish of St. Tammany in Louisiana is also
refusing to hear any evidence or to protect and , even though the law requires
her to have a hearing and to take evidence." According to Judge Amacker, this is a
misstatement of the law and a mischaracterization of what occurred in her Court.
In your blog, you further stated, " still loves her daddy. She just wants him
to stop doing what he is domg to her. She do.es not feel safe with him alone. she said as
much in her journal, but ... Judge Amacker just ignored her." . According to Judge
Amacker, this statement is also untrue. Th_e Louisiana proceedings have been stayed and
as of your blog entry. there had been no evidence or evidentiary hearings held in her
Court. .
Rule 8.4( c) of the Rules of Professional Conduct prohibits lawyers from engaging
in conduct involving dishon,esty, fraud, deceit or misrepresentation. Please explain how
your statements do not violate this rule? .. -
On the website http://www.eyeseeonline.com/, you posted or caused to be posted
an article entitled. "Justice for and ," wherein, while referencing Judge
Deborah Gambrell of the Chancery Court for Marion County, Mississippi, you stated,
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Ms. Joyce Nanine McCool, Esq.
April 25, 2012
Page2
"Let's turn this around and be hero .. Please sign the Care2 petition and continue
to call Judge Gambrell to ask her why she is unwilling to afford and simple
justice. You can sign the petition and lend your voice to this cause here. Or, you can
contact directly. Contact information is:" At this point you listed the names and contact
information for Judge Gambrell, Judge Amacker, Judge Ainacker's Staff Attorney and
Secretary, and the Louisiana Supreme Court. You ended the article by stating, "Ask
about the writ pending that was filed by attorney McCool on Friday, August 12,
2011."
On the website http://www.thepetitionsite.com/l/make-louisiana-and-mississippi-
courts-protect-hb-and-zb/, you caused to be posted, and/or supported the posting
of an article entitled "Make Louisiana and Mississippi Courts protect HB and ZB!",
wherein it states, "Insist that Judge Amacker and Judge Gambrell do their jobs! If you
want more info. Go to bridgetojustice.com and read the writ application to the LA
supreme court. Please sign the petition, circulate it to all of your friends and families and
call Judge Amacker and Judge Gambrell during the hours of 8:30 to 5:00 starting
Monday, August 15 to ask why they won't follow the law and protect these children. Let
them !mow you're watching and expect them to do their job and most of all, make sure
these precious little girls are safe.!" Thereafter the names and co11:tact information is listed
for Judge Gambrell, Judge Amacker, Judge Amacker's Staff Attorney and Secretary, and
the Louisiana Supreme Court. The article ends by stating, "Call the Louisiana Supreme
Court and tell them you want the law to protect these girls! (504) 310-2300 ask about the
writ pending that was by attorney Nanine McCool on Friday, August 12, 2011."
On the. website http://sheeplessinamerica.blogspot.com/, on August 25, 2011, you
posted a blog/article entitled "Justice for and ," wherein you discuss the
underlying case and stated, ''Horr#ied? Call the judges and let them know:,, At this
point you listed the names and contact information for Judge Gambrell, Judge Amacker,
Judge Amacker' s Staff Attorney and Secretary, and the Louisiana Supreme Court.
Lastly, you also referenced the underlying cases on Facebook and/or Twitter
where yo1=J. linked to these other websites encouraging others to make direct contact with
judges and courts where the case remained pending.
Rule 3.5 of the Rules of Professional Conduct prohibits lawyers from: (a) seeking
. to influence a judge by means prohibited by law; and (b) communicating witA._a .. _:..
judge during the proceeding.
Rule 8:4(a) of the Rules of Professional Conduct prohibits lawyers from violating
or attempting to violate the Rules of Professional Conduct; knowingly assisting or
inducing another to do so; and doing so through of others.
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Ms. Joyce Nanine McCool, Esq.
April 25, 2012
Page3
A lawyer cannot communicate ex parte with the presiding judge during the
litigation. Therefore, a lawyer cannot assist or induce others to communicate ex parte
with the judge, or communicate ex parte with the judge through the acts of others. It is
the position of this office that your biogs, articles, postings, petitions, etc. violate Rule
8.4(a), at a minimum. Because your blogs, articles, postings, petitions, etc. remain
accessible on-line via the internet, your violation of the rule and the resulting harm
remains ongoing at this time.
Should you agree, please take steps to remove all offending
material from the internet. This includes all false or misleading the
and contact information for the judges, judges' staff, and courts; and the
solicitation for others to contact the judges directly.
Please provide proof that this material has been removed. If you are
agreeable to this course of action, I will then be in a position to discuss a consent
discipline resolution which will likely involve a public reprimand.
Should you disagree, please explain why your conduct does not violate Rule
8.4(c), Rule 3.S(a) and (b), possible Rule 3.6, and Rule 8.4(a).
The deadline for your response is May 9, 2012. Your continued cooperation and
. prompt response will be greatly appreciated.
Sincerely,

Damon S. Manning
Deputy Disciplinary Co sel
DSM/
11