21-90055
2d Cir.Aug 29, 2025Background
- Jack R.T. Jordan, an attorney, was disbarred by the Supreme Court of Kansas in October 2022 for making unsupported accusations of criminal conduct and corruption against federal judges in court filings.
- Jordan’s disbarment was largely based on his own court filings and statements, not on hearsay evidence.
- The United States Court of Appeals for the Second Circuit initiated reciprocal discipline proceedings against Jordan under Local Rule 46.2(c)(2).
- Jordan timely responded to the order to show cause, arguing against reciprocal disbarment in the Second Circuit.
- The panel reviewed the record and Jordan’s arguments under the requirements for challenging reciprocal discipline as stated in In re Roman.
- The Court considered whether to grant Jordan a hearing but determined it was unnecessary given the complete written record and lack of disputed material facts.
Issues
| Issue | Jordan's Argument | Court’s Position | Held |
|---|---|---|---|
| Due Process in Kansas Disbarment | Decision relied on inadmissible hearsay, violating due process | Kansas decision was based on Jordan’s own filings | No due process violation |
| Sufficient Evidence of Misconduct | No substantial evidence of misconduct | Jordan does not deny making the statements | Evidence is sufficient; discipline warranted |
| First Amendment Protection for Statements | Speech was constitutionally protected | Lawyer speech in proceedings is circumscribed | First Amendment does not protect here |
| Entitlement to In-Person Hearing in Reciprocal Process | Hearing required under rules | Written submissions sufficed, no oral hearing needed | No in-person/oral hearing required |
Key Cases Cited
- In re Roman, 601 F.3d 189 (2d Cir. 2010) (sets presumption and requirements for reciprocal attorney discipline)
- Selling v. Radford, 243 U.S. 46 (1917) (standards for granting reciprocal discipline)
- In re Whiteside, 386 F.2d 805 (2d Cir. 1967) (discipline for unsupported accusations against judiciary)
- Gentile v. State Bar of Nevada, 501 U.S. 1030 (1991) (speech by lawyers during judicial proceedings is circumscribed)
- Bill Johnson’s Restaurants, Inc. v. N.L.R.B., 461 U.S. 731 (1983) (baseless litigation not protected by First Amendment)
- New York Times Co. v. Sullivan, 376 U.S. 254 (1964) (defamation standard for public officials; distinguished here)