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Blogs and pending cases: prosecutor-blogger now a composer

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In the posting immediately below I discuss the role of defamation law regarding critical blogs. Here's a blogger guilty of violating a prosecutor's duty not to "publicly" comment about a pending case. As reported in Law.com, the judge declined to throw out the entire case, as the defense wanted, since no prejudice was shown. But the judge still came down hard on ex-prosecutor Jay Kuo, calling his conduct "juvenile, obnoxious and unprofessional." the judge also stated his intention to send his written ruling to the State Bar.

According to his ruling, Kuo at various points in his blog called his opposing counsel "chicken" when she asked for a continuance, directly alluded to her with some posting titles obscene enough that the judge did not repeat them, and also mentioning a prior conviction that had not yet been deemed admissible at trial.

The attorney, who had been a "prosecutor on loan" from the law firm of Keker & Van Nest, left his job at Keker in January to write and compose musicals, he said. His current production is called "Insignificant Others."

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Rafael Mangual
Project Manager,
Legal Policy

Katherine Lazarski
Manhattan Institute


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