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20 ■ JUNE 28, 2021 NEWS

■ From GIULIANI on PAGE 19
misconduct, the underlying offense is incredibly
serious, and the uncontroverted misconduct in
itself will likely result in substantial permanent
sanctions at the conclusion of these disciplinary
proceedings.”
Giuliani’s defense involved “an overarching argu-
ment that the AGC’s investigation into his conduct
violates his First Amendment right of free speech,”
the panel wrote.
“He does not attack the constitutionality of the
particular disciplinary rules; he seemingly claims
that they are unconstitutional as applied to him. We
reject respondent’s argument,” the panel wrote. “This
disciplinary proceeding concerns the professional Rudy Giuliani, former lawyer to U.S. President Donald
Trump, speaks during a news conference at the
restrictions imposed on respondent as an attorney Republican National Committee headquarters in
to not knowingly misrepresent facts and make false Washington, D.C., U.S., on Nov. 19, 2020.
statements in connection with his representation of Photo: Al Drago/Bloomberg
a client.” Hoylman cited Giuliani’s “role in fomenting a vio-
The panel noted that courts have long recognized lent insurrectionist attack” on the U.S. Capitol on
that speech by attorneys is subject to more regula- Jan. 6.
tions than speech by ordinary people. But disciplinary proceedings in New York become
The grievance committee has been weighing disci- public only if judges in the Appellate Division decide
plinary action against Giuliani since at least January, to impose public discipline. In January, the commit-
when State Sen. Brad Hoylman, D-Manhattan, an tee declined to comment on Giuliani’s case, even to
attorney and chairman of the chamber’s judiciary confirm it had received Hoylman’s complaint.
committee, filed a complaint against Giuliani. This is a developing story. ■

Opioid Judge Backs Off From Order

Excluding Unvaccinated Jurors From Trial

By Amanda Bronstad

t a telephonic status conference earlier this could serve as jurors “to ensure the safety of every-
month, Senior District Judge Dan Polster one involved in the trial.”
Abroached the idea of only having those That got the attention of the defendants, a group
jurors vaccinated against COVID-19 sit for an of pharmacies that include Walmart and CVS. On
Oct. 4 trial over the opioid crisis. The plaintiffs, Monday, they filed a motion to reconsider his order.
two Ohio counties, had no objection; the defen- The reason: Eliminating unvaccinated jurors would
dants, a group of pharmacies, didn’t immediately prevent them from getting a fair cross-section of the
respond. community.
So, on June 14, the judge issued an order stat- “The issue had not been raised before, and defen-
ing that only individuals who were fully vaccinated dants had no notice that the court was considering

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