Markell and Jones Disagree Over What Constitutes "Misconduct"

We've previously noted Bankruptcy Judge Bruce A. Markell's tendency not to take any shit to be a bit harsh on attorneys who run afoul of him. But it seems that at least one Judge thinks BAM may be going a bit far with his rulings.

Jane Ann Morrison had an interesting column yesterday about Markell being overruled by U.S. District Court Judge Clive Jones. The ruling was regarding Markell's sanctioning of attorney Neil Beller. Morrison reports:

Markell was harsh in his evaluation, writing Beller "discredits the work of all attorneys before this court and in the state of Nevada by calling into question whether attorneys will faithfully and loyally serve the interests of their clients." Markell disciplined the longtime Las Vegas attorney, saying Beller represented two opposing parties in the same bankruptcy case without obtaining the consent of the clients.

Beller appealed the reprimand, and U.S. District Judge Clive Jones looked at the same facts and said Beller's conduct "constitutes a mere professional courtesy and in no way, actual or potential, threatened harm to any represented party." Beller didn't violate Nevada Rules of Professional Conduct or breach his duty. In fact, Jones didn't see in his four-page opinion issued Sept. 3 that Beller did anything wrong.

Oh, Jones, you 'ole softy ... let Markell have his fun. Morrison notes that BAM has another appeal of a sanctioning he handed down to Henderson law firm Harris Merritt Chapman pending before the Ninth Circuit. We hope this doesn't stifle his ability to write those great bench-slapping Orders.

(LVRJ)