(Source: MIRS.news, Published 10/29/2024) The Michigan Supreme Court denied four “Kraken” attorneys’ requests to dismiss formal complaints recommending disciplinary action for filing a conspiracy-laden lawsuit to overturn the 2020 election.

Former president Donald Trump attorney Sydney Powell, of Texas, and New York attorney Howard Kleinhendler as well as District of Columbia attorneys Julia Haller, and Brandon Johnson sought a writ essentially asking the state’s high court to “take control” over the Attorney Discipline Board (ADB) and dismiss pending complaints against them.

In two Monday orders, the court said it was “not persuaded that it should grant the requested relief.”

The suit, King v. Whitmer, alleged unfounded claims of election fraud in the 2020 presidential election and sought to overturn the state’s election win for President Joe Biden.

Powell argued the ADB lacks the authority to discipline her as she’s not been admitted to the State Bar of Michigan and the Texas disciplinary authorities dismissed similar allegations against her there.

“For the first time, a Michigan hearing panel has claimed the right to discipline a non-Michigan lawyer for conduct relating to a case outside of any Michigan state court,” Powell’s July application for the appeal reads. “This ruling is unprecedented and unsound.”

Haller, Kleinhendler and Johnson made similar arguments, noting that the ADB failed to properly apply state law related to jurisdiction and out-of-state attorneys, and had they done so, the complaints would have been dismissed.

The ADB countered that the attorneys’ writ request essentially restated arguments against the Attorney Grievance Commission (AGC), which the Supreme Court denied in September 2023.

“Nothing has changed since the filing of the first complaint for superintending control that would require this court to reconsider its previous decision,” the ADB argued. “The Attorney Discipline Board has no clear duty to overrule the hearing panel and dismiss the charges.” 

The AGC issued a formal complaint in May 2023 seeking discipline against the attorneys, including Emily Newman, of Virginia, and Michigan attorneys including Stefanie Lambert Junttila, for their involvement in the King lawsuit.

AGC complaints against Newman and Junttila were voluntarily dismissed in February with agreement from both sides, according to ADB records.

A federal judge tossed the King complaint, calling it a “historic and profound abuse of the judicial process,” and she imposed sanctions against the attorneys.

The lawsuit became known as the “Kraken” case when Powell said she would “release the Kraken” – a reference to the film “Clash of the Titans.”

The U.S. Sixth Circuit Court of Appeals overturned sanctions against Newman and Junttila as well as the state defendants’ fee award imposed against Georgia attorney L. Lin WOOD. The U.S. Supreme Court let that ruling stand.