IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT
IN AND FOR THE DUVAL COUNTY, FLORIDA
IN RE: Marriage of: Case No.: 2004 DR 001209 Division: Fm-B J ennifer N. Nelson Dabney Respondent/Former Wife And J ohn T. Nelson Petitioner, Former Husband ______________________________/ FORMER WIFES AMENDED MOTION FOR SANCTIONS FOR VIOLATION OF PROCEDURAL RULES OF COURT, RULES OF FLORIDA BAR ASSOCIATION, FLORIDA STATUTES AND FILING OF FRIVOLOUS LAWSUITS COMES NOW, the Former Wife, [J ennifer N. Dabney], pro se, to file this Motion For Sanctions for Violation of Procedural Rules of Court, Rules of Florida Bar Association, Florida Statutes and Filing of Frivolous Lawsuits for a manifest disregard of the J udicial Circuit Local Rules and Standards of Professionalism, Florida Bar Association Rules of Professional Conduct, the Florida Civil Rules of Procedure, the Florida Family Law Rules of Procedure, the Florida Statues and by the filing of frivolous actions. In support thereof, she does hereby state that: 1. In that Former Wife is required to obey the applicable rules of court, to which she has complied to the best of her knowledge, it can be equally stated that opposing counsel and Former Husband should be held to the same standards as indicated in the case of Kohn v. City of Miami Beach, 611 So.2d 538, 539-540 (Fla.App. 3 Dist. 1992) that says: Raised in this case, is the issue of whether Kohn, as a pro se litigant, should be treated differently from litigants in similar situations, represented by counsel. We conclude that it is a mistake to hold a pro se litigant to a lesser standard than a reasonably competent attorney. Section 454.18, Florida Statutes (1991) clearly provides "any person . . . may conduct his own cause in any court of this state. Subject to the lawful rules and discipline of such court." Likewise, in Carr v. Grace, 321 So.2d 618 (Fla. 3d DCA 1975), cert. denied, 348 So.2d 945 (1977), we Page 1 of 13 observed a party's self-representation does not relieve the party of the obligation to comply with any appropriate rules of civil procedure. [Footnotes omitted] Filing of Frivolous Lawsuit 2. Opposing counsel and Former Husbands continued attempts to file Motions for Contempt that are inappropriate and unwarranted in the face of Former Wifes Attempts she has made and his lack of trying to work out the issues prior to filing the Motion for Supervised Visitation and the proposed Domestic Violence Petition, can only be classified unequivocally as a frivolous motion designed solely for harassment to maliciously injure Former Wife as pursuant to the guidelines defined in the case of Yakavonis V. Dolphin Petroleum, Inc., 4D05-3653 (Fla. App. 4 Dist. 2006) where it states: We recognize that to some extent, the definition of "frivolous" is incapable of precise determination. Nevertheless, a review of Florida case law reveals that there are established guidelines for determining when an action is frivolous. These include where a case is found: a. to be completely without merit in law and cannot be supported by a reasonable argument for an extension, modification or reversal of existing law; b. to be contradicted by overwhelming evidence; c. as having been undertaken primarily to delay or prolong the resolution of the litigation, d. or to harass or maliciously injure another; e. Or as asserting material factual statements that are false. Former Husbands Motion for Supervised Visitation, Domestic Violence Injunction and the unwillingness to reunite the child with the mother fulfills the five guidelines as defined in the case of Yakavonis, supra that are: It Is Completely Without Merit In Law: The motion has no basis in law and does not comply with the standard that EQUAL PROTECTION CLAUSE OF THE FOURTEENTH AMENDMENT. Nor does it comply with amendments 5, 9, and 14 where it is deemed a Fundamental Right Protected by these amendments. A parents right to the custody of his or her children is an element of LIBERTY GAURANTEED BY THE FIFITH AMENDMENT AND FOURTHEENTH AMENDEMNT TO THE CONSISTUUTION OF THE UNITED STATES. Page 2 of 13 These proceedings are improper and impermissible pursuant to Frazier V Frazier, 109 FL 164,172,147 So. 464, (1933) Also see: Michael H. V Gerald D., 109 S.Ct. 2333, 2342 (1989), Quillion V Walcott, 434 U.S. 246, 254-55 (1978), (the relationship between parent and child is constitutionally protected). This case consistent with the states interest in promoting meaningful family relationships. See-id 8 61.001(2) (a) one of the purposes of chapter 61 is to safeguard meaningful family relationships. Even if Mr. Nelsons proposed motion were appropriate remedy, opposing counsel and Former Husband have presented no factual findings of evidence of the Former Wifes present situation. Former Wife has continually presented documented evidence that she has complied in all aspects of this case not only with the current Final Order in place (August 2005) but by paying child support, calling, writing, emailing, and any other attempts to communicate with the minor child. Furthermore, she has notified this court several different times of the issues relating to this case by filing appropriate motions, emergency orders, contacting her case manager (Megan Carter), and there supervisors (J ackie Parker), (Mr. Bishop), as well as the judges chambers (Boyer)and going as far as contacting the office of Governor (Rick Scott) his first assistance (Ramon Morris)multiple times with emails, letters and personal calls. The Lt. Governor (J ennifer Carol) her liaison, and finally the American Civil Liberties Union (ACLU). At this time I am not sure what else she the Former Wife could possible do other then what she is currently doing. Page 3 of 13 To Be Contradicted By Overwhelming Obvious Evidence: Former Wife has proven the facts in her case not only recently/currently but she tried to (9) years ago and instead of the legal system protecting her and the minor child (Mackenzie T. Nelson) and their rights, liberties, and the constitution she was dismissed without regard. This alone is overwhelming obvious evidence. As Having Been Undertaken Primarily To Delay Or Prolong The Resolution Of The Litigation, Or To Harass Or Maliciously Injure Another: Former Wife on several occasions attempted to negotiate a settlement with Former Husband by expressing the want and need to have a relationship with the minor child, by telephone conversations with him and his wife, by email, letters, and lastly her final option thru the court system. He refused to negotiate or discuss anything relating to the mother/former wife and the minor child having a relationship. Thereby indicating he had motives other than justice or equity. Those motives could only have been ascertained to be for the purpose of intentionally harassing and intimidating her combined with the torts of malicious prosecution, abuse of process and intentional infliction of emotional distress. As Asserting Material Factual Statements That Are False: Examples of false statements are: Former Husband and opposing counsel asserted that the delay in addressing the Modification of Visitation was due to the mother Mrs. Dabney has not completed and complied with the Final Order dated August 2005 by this court. Mr. Nelson and his attorney have been provided documented evidence with the contact information of the expert who completed the evaluation along with her credentials, not only were opposing counsel provided with this by Mrs. Dabney and her client Mr. Nelson but further provided by this court thru the official recorded file. Mrs. Dabney then went over and above yet again to make it clear when this was bought up again during mediation by providing the mediation coordinator (Rebecca Tuilipan) with documents showing Mrs. Dabney has complied. Unfortunately, to date Mr. Nelson and his counsel continuously have refused to accept the obvious. There case is frivolous and in violation of Mrs. Dabneys parental rights as the parent of the minor child (Mackenzie T. Nelson). In fact the delay was the fault of Mr. Nelson and opposing counsels error in drafting the Objection to Modification of Visitation and the DVI to which the Former Husband filed an objection. After the opposing counsel was retained by Mr. Nelson she then filed an amended Motion Page 4 of 13 for the same Objections. Due to wit the first Objection was drafted by the (J AG Office) on Mr. Nelsons behalf and at that time he was a pro se litigant. Mr. Nelson attempted to represent himself to start with however, after the unfavorable ruling by J udge Boyer on J anuary 19, 2014 Stating Mr. Nelson I want to make it clear the goal of this court is to REUNITE the CHILD with the MOTHER. Mr. Nelson then retained his current attorney (Beth Terry). Former Husband and opposing counsel again misstates the facts with unsupported allegations, in order to prejudice the Court. Former Husband and opposing counsel alleged that Former Wifes failure t o abide by the current court order is in contempt and shows a Emergency Motion for a DVI, not only is it blatant, and in complete disregard of a c o u r t order when in actuality she was complying fully with the court order that she complete and then submit a psychological evaluation as required in which the Final Order (August 2005) states once completed the Mother/Former Wife may then petition the court for a Modification of Visitation with the minor child. Let it be noted that while there are multiple physiologist in the state of Florida to find one that is willing to involve themselves in a child custody case that had already taken 2 years and over $33,000.00 dollars it almost near impossible. Simply because they (evaluator) does not want to be intertwined in a long drawn out case that could potentially last years as this one (9) years. It took Mrs. Dabney this long to find someone that was willing to help not due to lack of trying, begging, pleading, and providing payment for services, or documentation to this case. Former Husband and opposing counsel made a misstatement of the facts when he asked for payment of lawyer fees with full knowledge that incarceration as a means of enforcing the collection of attorney fees through contempt proceedings was improper and impermissible pursuant to Robbie v. Robbie, 683 So.2d 1131 (Fla.App. 4 Dist. 1996), that states: "Using contempt after the fact to compel payment of fees appears to give lawyers preternatural collection remedies for their fees that no other professional can claim. No one seriously suggests that the remedy for nonpayment of a bill for medical services, or for food, or for shelter, should be contempt. Neither has the court in Fishman explained why courts should so construe this statute when its text lacks an express provision so requiring. I am afraid that this use of contempt powers threatens to give the impression that divorce lawyers have some special Page 5 of 13 standing in the courts to be paid upon penalty of jail, which no other lawyer, professional person, or creditor enjoys." In addition to being a frivolous motion, it is a violation of Florida Bar Rules of Professional Conduct [hereinafter FBRPC] rules 3-4.3, 4-1.1, 4-1.2, 4-1.3, 4-3.4(a) (i), 4-4.1, and 4-8.49(a) (c) & (d) [see Appendix]. It is in violation of 57.105 Fla. Sta. for asserting unsupported and frivolous claims and Former Husband is therefore not entitled to any lawyer fees. Former Husband and opposing counsel are in violation of the 4 th Circuit Court Standards of Professionalism, Attorneys should not knowingly misstate, misrepresent or distort any fact or legal authority to the court or to opposing counsel and shall not mislead by inaction or silence. These actions are unconscionable, unacceptable, and unbecoming from someone who is an officer of this court sworn to ethical and professional behavior. Former Husband and opposing counsel are attempting to harass Former Wife and intentionally inflict emotional distress with the filing of this frivolous motion. The Florida Bar v. Prior, 330 So.2d 697, 703 (Fla. 1976) states: The Court previously said in Dodd v. The Florida Bar that an attorney who gives false testimony in a judicial proceeding "deserves the harshest penalty." We are not alone in this view. The precise statutory offense for which respondent has been convicted has been described as perjuries by the United States Supreme Court, United States v. Kahan, 415 U.S. 239, 240, 94 S.Ct. 1179, 39 L.Ed.2d 297 (1974) (per curiam), and the giving of false testimony has been held actionable for the purpose of disciplining attorneys in Alabama, In re Sullivan, 283 Ala. 514, 219 So.2d 346 (1969); New York, In re Abrams, 38 A.D.2d 334, 329 N.Y.S.2d 364 (1972); Oklahoma, State ex rel. Oklahoma Bar Assn. v. Pate, 441 P.2d 393 (Okla. 1967); and Utah, In re King, 7 Utah 2d 258, 322 P.2d 1095 (1958) (subornation of perjury actionable). On Numerous occasions Former Wife has filed Motions for Determination and Commitment for Perjury as well as Contempt stating the facts supporting her motion. Opposing counsel is in violation of the FBRPC rules 3-4.3, 4-1.1, 4-1.2, 4-1.3, 4-4.1, and 4-8.4(a)(b)(c) & (d) [see Appendix] and is guilty of subornation of perjury in filing Former Husbands allegations without investigating and stating facts provided by her client, that was replete with perjurious and readily detectible fraudulent entries that opposing counsel Page 6 of 13 should have not filed. She therefore apparently acted with Former Husband in a conspiracy to commit perjury, fraud and mislead the court. The Florida Bar looks down with extreme displeasure on subornation of perjury as shown in the case of The Florida Bar V. King, 174 So.2d 398, 403 (Fla. 1965) that states: "As Bar counsel and as a member of a profession that is generally considered an honorable one, I can think of very few violations more serious and involving moral turpitude than that of perjury, subornation of perjury and conspiracy to commit perjury. Lawyers, more than any other group of people, should be aware of the importance and sanctity of oaths before judicial bodies. In view of the transgressions of opposing counsel, this court has an obligation to report the opposing counsels misconduct to the Florida Bar pursuant to 5-H Corporation v. Padovano, 708 So.2d 244, 246 (Fla. 1997) that states: All Florida judges are, first and foremost, attorneys and members of The Florida Bar. See generally art. V, 8, Fla. Const. As such, Florida judges, just like every other Florida attorney, have an obligation to maintain the integrity of the legal profession and report to The Florida Bar any professional misconduct of a fellow attorney. See R. Regulating Fla. Bar 4-8.3(a). This obligation is reiterated in the Florida Code of J udicial Conduct, which explicitly provides that "[a] judge who receives information or has actual knowledge that substantial likelihood exists that a lawyer has committed a violation of the Rules Regulating The Florida Bar shall take appropriate action." Fla. Code J ud. Conduct, Canon 3D. (2). In view of the transgressions of opposing counsel and former Husbands, dismissal or default is an appropriate remedy pursuant to Buroz-Henriquez v. De Buroz, 3D08-3049, 2 - 3 (Fla.App. 3 Dist. 10-14-2009) that states: It is well established that before a court may dismiss a cause or default a party as a sanction, it must first consider each of the following six factors set forth in Kozel v. Ostendorf, 629 So. 2d 817, 818 (Fla. 1994): Whether the attorney's disobedience was willful, deliberate, or contumacious, rather than an act of neglect or inexperience; 2) whether the attorney has been previously sanctioned; 3) whether the client was personally involved in the act of disobedience; 4) whether the delay prejudiced the opposing party through undue expense, loss of evidence, or in some other fashion; 5) whether the attorney offered reasonable justification for noncompliance; and 6) whether the delay created significant problems of judicial administration. Page 7 of 13 Accord Ham v. Dunmire, 891 So. 2d 492 (Fla. 2004). Moreover, before a trial court enters the extreme sanction of dismissal or default, it must set forth explicit findings of fact in the order imposing the sanction. Alvarado v. Snow White & The Seven Dwarfs, Inc., 8 So. 3d 388 (Fla. 3d DCA 2009) (reversing and remanding dismissal for findings on all six Kozel factors); Coconut Grove Playhouse, Inc. v. Knight-Ridder, Inc., 935 So. 2d 597 (Fla. 3d DCA 2006) (quashing order tantamount to default and remanding for trial court to make express findings). "Express findings are required to ensure that the trial judge has consciously determined that the failure was more than a mistake, neglect, or inadvertence, and to assist the reviewing court to the extent the record is susceptible to more than one interpretation." Ham, 891 So. 2d at 496 (citing Commonwealth Fed. Savings & Loan Ass'n v. Tubero, 569 So. 2d 1271, 1273 (Fla. 1990)). Local Rule Violations Opposing counsel is in violation of the 4 th J udicial Circuit Standards of Professionalism and of the FBRPC Rules 4-1.1 and 4-3.4(a) (i) [see Appendix.] to the detriment of a pro se litigant who is not experienced in legal matters, which are unconscionable, unacceptable, and unbecoming from someone who is an officer of this court sworn to ethical and professional behavior. The motions and notices of hearings were procedurally and fraudently deficient. The initial written motion did include the requisite certificate of good faith signed by opposing counsel pursuant to Circuit Court Standards of Professionalism. Motions, which states: 1. Attorneys should, whenever possible, prior to filing or upon receiving a motion, contact opposing counsel to determine if the matter can be resolved in whole or in part. This may alleviate the need for filing the motion or allow submission of an agreed order in lieu of a Hearing: and, 2. before setting a motion for hearing, counsel should make a reasonable effort to resolve the issue. The above certificate of good faith to resolve issues were lacking in the documents filed by opposing counsel. Page 8 of 13 Violations of the Florida Family Law Rules of Procedure Opposing counsel is in violation of the Fla. Fam. L. R. P. 12.615 (b) and of the FBRPC Rules 4-1.1 [see Appendix.] to the detriment of a pro se litigant who is not experienced in legal matters, which are unconscionable, unacceptable, and unbecoming from someone, who is an officer of this court sworn to ethical and professional behavior. The notices of hearings were procedurally deficient. The following notices lacked one or both of the mandatory clauses regarding the court recorder as required by Fla. Fam. L. R. P. 12.615 (b) stating that: The notice must specify the time and place of the hearing and must contain the following language: FAILURE TO APPEAR AT THE HEARING MAY RESULT IN THE COURT ISSUING A WRIT OF BODILY ATTACHMENT FOR YOUR ARREST. IF YOU ARE ARRESTED, YOU MAY BE HELD IN J AIL UP TO 48 HOURS BEFORE A HEARING IS HELD. This notice must also state whether electronic recording or a court reporter is provided by the court or whether a court reporter, if desired, must be provided by the party. Former Husband and opposing counsel are in violation of the Fla. Fam. L. R. P. 12.285 and of the FBRPC Rules 3-4.3, 4-1.1, 4-1.3and 4-3.4(a), 4-8.4(a) & (c) [see Appendix.] and J udge [Boyer] Requirements of Family Division [Mandatory Disclosure] for dilatory actions in not fully responding to Former Wifes request for discovery. Former Wife has filed several motions to compel upon which this court has held in abeyance and not ruled upon to date. Violation of the Florida Rules of Civil Procedure Opposing counsel is in violation of the Fla. R. Civ. P. 1.380(a)(2), Requirements of Family Division [Notice of Hearing], and of the Florida Bar Rules of Professional Conduct [hereinafter FBRPC] Rules 4-1.1 and 4-3.4(a)(i) [see Appendix.] to the detriment of a pro se litigant who is not experienced in legal matters, which are unconscionable, unacceptable, and unbecoming from someone who is an officer of this court sworn to ethical and professional behavior. Page 9 of 13 That was replete with perjuries and readily detectible fraudulent entries that opposing counsel should have not filed. She therefore apparently acted with Former Husband in a conspiracy to commit perjury, fraud and mislead the court. The Florida Bar looks down with extreme displeasure on subornation of perjury as shown in the case of The Florida Bar V. King, 174 So.2d 398, 403 (Fla. 1965) that states: "As Bar counsel and as a member of a profession that is generally considered an honorable one, I can think of very few violations more serious and involving moral turpitude than that of perjury, subornation of perjury and conspiracy to commit perjury. Lawyers, more than any other group of people, should be aware of the importance and sanctity of oaths before judicial bodies. The notices of hearings were procedurally deficient in that the rule specifies that notices of hearings must contain a certificate that the movant's counsel has consulted opposing counsel [pro se defendant in this case] in an attempt to resolve the issues prior to filing motions. FORMER WIFES MOTION FOR CONTEMPT OF OPPOSING COUNSEL FOR NON-COMPLIANCE WITH COURT ORDER DIRECTING RESPONSE AND MOTION FOR SANCTIONS FOR VIOLATION OF PROCEDURAL RULES OF COURT COMES NOW, the Former Wife, [Jennifer N. Dabney], pro se, to file this Motion for Contempt of Opposing Counsel Husband for Non-Compliance With Court Order Directing Response. In support thereof, she does hereby state that: 1) On J anuary 19, 2014, this court ordered the parties to attempt to resolve the issues and if they were not able to resolve the issues, that Attorney [Beth Terry] or Mr. Nelson was to attend mediation with this court and a copy sent to the judge and opposing party. Neither Mr. Nelson nor his counsel has attempted to resolve anything they have admittedly stated that they DO NOT want the current custody order to change. Mr. Nelson DOES NOT want to facilitate a relationship between the Former Wife Jennifer N. Dabney and the minor child Mackenzie T. Nelson. Opposing counsel has aided in the efforts of Mr. Nelson to continue the breakdown of the relationship of the Mother and Child, and do whatever possible to hinder any communication. 2) Attorney [Beth Terry] has made no contact or an effort to resolve the issues with Former Wife. She has received no copy of any response so directed. 3) Attorney [Beth Terry] is in willful contempt for her non-compliance. Page 10 of 13 WHEREFORE, [Jennifer N. Dabney] pro se requests the Court find Opposing Counsel and Former Husband in willful contempt and to set forth such sanctions, dismissals, defaults, denial of attorney fees, orders and such and other relief as is proper for the continued violations of Attorney [Beth Terry], and Former Husband in their manifest disregard of theJ udicial Circuit Local Rules and Standards of Professionalism, Requirements of Family Law Division , the Florida Bar Association Rules of Professional Conduct, the Florida Civil Rules of Procedure, the Florida Family Law Rules of Procedure, the Florida Statues and for the filing of frivolous actions, and the Rules of the Supreme Court. CERTIFICATE OF SERVICE I CERTIFY THAT A COPY OF THIS FORMER WIFES AMENDED MOTION FOR SANCTIONS FOR VIOLATION OF PROCEDURAL RULES OF COURT, RULES OF FLORIDA BAR ASSOCIATION, FLORIDA STATUTES AND FILING OF FRIVOLOUS LAWSUITS WAS EMAILED TO (BETH TERRY PA ), THIS 31 ST DAY OF MARCH, 2014. ___________________________ J ennifer N. Dabney, Pro se 6114 Blueberry Lane Crestview, FL 32536 850.758.1958 jen.dabney@cox.net CC: Beth Terry Attorney for Husband Duval Clerks Office File Magistrate Boyer Florida Bar J ax Ethics Committee Page 11 of 13 Appendix Florida Bar Rules of Professional Conduct 1. Rule 3-4.2 Rules Of Professional Conduct a. Violation of the Rules of Professional Conduct as adopted by the rules governing The Florida Bar is a cause for discipline. 2. Rule 3-4.3 Misconduct And Minor Misconduct a. The standards of professional conduct to be observed by members of the bar are not limited to the observance of rules and avoidance of prohibited acts, and the enumeration herein of certain categories of misconduct as constituting grounds for discipline shall not be deemed to be all-inclusive nor shall the failure to specify any particular act of misconduct be construed as tolerance thereof. The commission by a lawyer of any act that is unlawful or contrary to honesty and justice, whether the act is committed in the course of the attorney's relations as an attorney or otherwise, whether committed within or outside the state of Florida, and whether or not the act is a felony or misdemeanor, may constitute a cause for discipline. 3. Rule 4-1.1 Competence a. A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation. 4. Rule 4-1.2 Objectives And Scope Of Representation a. (d) Criminal or Fraudulent Conduct. A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows or reasonably should know is criminal or fraudulent. However, a lawyer may discuss the legal consequences of any proposed course of conduct with a client and may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning, or application of the law. 5. Rule 4-1.3 Diligence a. The lawyer's duty to act with reasonable diligence does not require the use of offensive tactics or preclude the treating of all persons involved in the legal process with courtesy and respect. 6. Rule 4-3.4: Fairness To Opposing Party And Counsel: a. A lawyer shall not: a. (a) unlawfully obstruct another party's access to evidence or otherwise unlawfully alter, destroy, or conceal a document or other material that the lawyer knows or reasonably should know is relevant to a pending or a reasonably foreseeable proceeding; nor counsel or assist another person to do any such act; Page 12 of 13 b. (d) in pretrial procedure, make a frivolous discovery request or intentionally fail to comply with a legally proper discovery request by an opposing party. 7. Rule 4-4.1: Truthfulness In Statements To Others: a. A lawyer shall not: b. In the course of representing a client a lawyer shall not knowingly: make a false statement of material fact or law to a third person. A lawyer is required to be truthful when dealing with others on a client's behalf. 8. Rule 4-8.4(a) a. Violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another. 9. Rule 4-8.4(b) a. Commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects. 10. Rule 4-8.4(c) a. Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation, except that it shall not be professional misconduct for a lawyer for a criminal law enforcement agency or regulatory agency to advise others about or to supervise another in an undercover investigation, unless prohibited by law or rule, and it shall not be professional misconduct for a lawyer employed in a capacity other than as a lawyer by a criminal law enforcement agency or regulatory agency to participate in an undercover investigation, unless prohibited by law or rule. 11. Rule 4-8.4(d) a. Engage in conduct in connection with the practice of law that is prejudicial to the administration of justice, including to knowingly, or through callous indifference, disparage, humiliate, or discriminate against litigants, jurors, witnesses, court personnel, or other lawyers on any basis, including, but not limited to, on account of race, ethnicity, gender, religion, national origin, disability, marital status, sexual orientation, age, socioeconomic status, employment, or physical characteristic. Page 13 of 13