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Lawyer suspended for using offensive statements when filing an appeal

A disciplinary investigation was initiated due to the certification of copies made by the Bogota Ombudsman against a lawyer, because acting as a representative of a mayor, at the hearing for the reading of the decision advanced within a disciplinary process, he made aggressive and disrespectful statements in against the representative representative of Bogotá. It was then up to the National Commission for Judicial Discipline to hear the appeal filed by the subject, against the sentence by which the lawyer was declared responsible, for breaching the duty provided for in numeral 7 of article 28 of Law 1123 of 2007 .

The Chamber evidenced that the subject, consciously and voluntarily, used dishonorable expressions that violated the dignity and good name of who at that time was acting as disciplinary authority by saying that “I am under the control of an impartial and objective judge, this has no neither sense nor reason”, “because it is totally disproportionate, because it is totally far-fetched” and when referring to the punitive ruling as “the craziest thing”, “irrational” and “even illegal”.

For the Commission, It is indisputable that the language used by the subject was inappropriate, disrespectful, and compelling, since it also branded the ruling handed down by the judicial operator as illegal, contrary to the duty of legal professionals to act with seriousness, moderation, consideration, and respect. in all his performances. When presenting the appeal, the lawyer should have respected and composure and focus his arguments on legally attacking the appealed ruling without using offensive and insulting statements against the person who made the decision, because it questioned their dignity, equity and professionalism. For these reasons, it was resolved to confirm the decision, ratifying the responsibility of the lawyer and the sanction of two months of suspension in the practice of the profession (MP Juan Carlos Granados Becerra).

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