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this post was submitted on 03 Oct 2026
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I guess this is my main point of concern right now, as an outsider. I know that the courts are still ruling against Trump and the Republicans fairly regularly, but then I hear about situations where they're simply ignoring the courts' rulings and little seems to actually happen as a result.
What do those "disciplinary referrals" actually do? Do people actually get fired, or is it just something else for the Republicans to ignore?
Disciplinary referrals are issued against lawyers who break the court rules. Contempt of court is used against anyone (lawyer or not) who violates a direct order from the court. A lawyer who blatantly violates an order may receive both a disciplinary referral and also a contempt of court penalty.
Before a court issues a penalty of any kind against anyone, they usually issue what is called an order to show cause, which essentially means the party accused of violating the rules must appear before the judge and explain why they should not receive a penalty.
Disciplinary referrals are addressed to the state bar association, which are organisations comparable to guilds which license lawyers. The bar association can impose penalties against the lawyer which include:
An example: Rudy Guiliani was a Trump lawyer who filed submissions before several courts containing information he knew to be false and raising allegations he knew were unsubstantiated, as a part of Trump's scheme to overturn the 2020 presidential election. The New York bar association disbarred him for this, and the DC bar association took note and automatically disbarred him as well. His legal career is finished; he cannot legally be employed as a lawyer anywhere in the country.
Contempt of court is an inherent power of the court to punish people who violate its orders. A judge can, on their own initiative, declare someone guilty of contempt of court and impose a punishment for it, which could include:
Example: A lawyer was fined $10,000 in March 2026 by my state's Court of Appeal for submitting a brief containing AI hallucinations.
Ah, so as this progresses the Republicans steadily run out of "competent" lawyers because they keep getting disbarred (or quitting to save their legal skins), leaving them with increasingly incompetent ones that have an even harder time accomplishing stuff.
Here's hoping their legal wells run dry quickly, I suppose.
Remember in the early days of Trump II when we were hearing about entire US Attorney's offices quitting in protest? That no longer happens, but that's what happens when top brass asks experienced, career lawyers to defend positions they know are indefensible, and insists they sign their name to hot garbage, that they know is the same kind as what got Rudy Guiliani disbarred.
So yes, the Trump Justice Department is indeed running out of good lawyers and that's why the US Attorney's Office for DC is led by a Fox News commentator who happens to have a law degree.
jeannie piero, the drunk lawyer.
She's in a very difficult position, of her own creation, nonetheless.
https://deadline.com/2026/08/david-hearn-reflecting-pool-jeanine-pirro-charges-dropped-1237015186/
they will have to keep sourcing them from legit law firms, but law firms require them to disassociate from the firm before working for someone like trump or gop.
The judiciary really needs to start using "Imprisonment until the person complies with the order" a lot more early, often, and against people higher up in the DoJ org chart.
Judges generally issue escalating sanctions. A verbal admonition first, then a verbal threat to impose sanctions, then an order to show cause, then actual penalties.
Despite what the media reports, the Administration always folds and complies because it would be embarrassing to have senior officials or government lawyers actually penalised for failing to comply with a court order.
More legitimacy theater.
There has to be a mechanism of enforcement for an order to having meaning. For non-lawyer disobeyers, normally what a judge would do is hold someone in contempt and have federal marshals or sheriffs arrest the person. In this situation, no federal judge is going to request the US Marshals arrest a member of the Trump administration because it would create a constitutional crisis and because the executive legal team would immediately appeal it to his Supreme Court who would overrule them. So a smart judge doesn't want the crisis and knows they will get overruled and won't use federal Marshal arrest power. As a result, there is no mechanism for non-lawyers. A lawyer like Janine Pirro may have to deal with an ethics complaint, but most of the people in the executive branch doing arguably illegal things aren't lawyers. So then what? There's no solution to this, it's uncharted territory and a complete disaster.