Opinion
No. 110962.
December 21, 1998.
Summary Disposition December 21, 1998.
In lieu of granting leave to appeal, the judgment of the Court of Appeals is reversed for the reason that the Supreme Court has concluded that, under the circumstances of this case, a finding of contempt was not required. MCR 7.302(F)(1). Reported below: 226 Mich. App. 205.
I would vacate the judgment of the Court of Appeals with regard to the "no sex" statement and otherwise affirm the Court's finding. Allegations of ineffective assistance of counsel assert that a member of the profession violated the constitution and the Code of Professional Responsibility. The doctrine of zealous advocacy does not excuse the responsibility to make such representation to a tribunal only when the lawyer knows the factual basis for the assertion is true or believes it to be true based on diligent inquiry. I would affirm in part and reverse in part and remand the case to the Court of Appeals for reassignment to a new panel and reassessment of the sanction to be imposed.
WEAVER, J.
I concur in the statement of Justice BOYLE.
Reconsideration denied April 23, 1999.