[831]*831COVINGTON, Judge.
This is an original disciplinary proceeding instituted by the Advisory Committee of the Missouri Bar pursuant to Rule 5 against respondent, George R. (Buzz) Westfall. The information charged respondent with violation of Rules 8.2(a) and 8.4(a) and (d) of Rule 4, Rules of Professional Conduct, and requested that respondent be disbarred from the practice of law. The Court appointed as Master to hear the proceedings the Honorable Bruce Normile, Judge of the 2nd Judicial Circuit. Judge Normile made findings and recommended that respondent be suspended from the practice of law for one year and that the order of suspension be stayed subject to certain conditions. In a disciplinary proceeding the Master’s findings, conclusions and recommendations are advisory in nature. This Court reviews the evidence de novo, determines independently the credibility, weight and value of the testimony of the witnesses, and draws its own conclusions of law. In re Waldron, 790 S.W.2d 456, 457 (Mo. banc 1990).
At all times relevant respondent served as prosecuting attorney of St. Louis County and as such was involved in a series of prosecutions of Dennis Bulloch for crimes committed in connection with the death of Bulloch’s wife, Julia. Respondent first led the prosecution of Bulloch for murder in the first degree. Bulloch was acquitted of that charge and found guilty of involuntary manslaughter. He was subsequently indicted on charges of armed criminal action and destroying physical evidence. The trial court denied Bulloch’s motion to dismiss the indictment on grounds of prosecutorial vindictiveness and double jeopardy. Bul-loch then filed petition for a writ of prohibition in the Missouri Court of Appeals, Eastern District, seeking to bar further prosecution of these charges. The court of appeals issued a preliminary rule in prohibition and subsequently made the writ absolute.
The court of appeals’ opinion in the matter, the unanimous opinion of a three-judge panel of the court, was authored by the Honorable Kent E. Karohl. The court held first that the question of prosecutorial vindictiveness involved disputed facts, a matter to be considered on direct appeal if required. Relying on Missouri v. Hunter, 459 U.S. 359, 103 S.Ct. 673, 74 L.Ed.2d 535 (1983), the court also held that a subsequent trial of Bulloch for armed criminal action would constitute a violation of Bul-loch’s protection under the Double Jeopardy Clause of the Fifth Amendment of the Constitution of the United States.1 Missouri v. Hunter held that where the legislature specifically authorizes cumulative punishment under two statutes, regardless of whether these two statutes proscribe the “same” conduct, it does not violate double jeopardy to impose cumulative punishment under such statutes in a single trial. Id., 103 S.Ct. at 679.
On the day the opinion was issued, respondent made remarks that constitute the basis of the information filed in this case. KSDK-TV, Channel 5, an NBC affiliate in St. Louis, broadcast videotaped portions of an interview with respondent on the 6:00 p.m. and 10:00 p.m. news programs. Respondent’s statement was broadcast as follows:
... The Supreme Court of the land has said twice that Our armed criminal statute is constitutional and that it does not constitute Double Jeopardy.
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... but for reasons that I find somewhat illogical, and I think even a little bit less than honest, Judge Karohl has said today that we cannot pursue armed criminal action. He has really distorted the statute and I think convoluted logic to arrive at a decision that he personally likes.
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The decision today will have a negative impact on all murder one cases pending [832]*832in Missouri, in the future in Missouri, and some that are already on appeal with inmates in prison. So it’s a real distressing opinion from that point of view.
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But if it’s murder first degree and we’re asking for death, which, of course, is the most serious of all crimes, Judge Ka-rohl’s decision today says we cannot pursue both. And that, to me, really means that he made up his mind before he wrote the decision, and just reached the conclusion that he wanted to reach.
The information filed by the Advisory Committee charges respondent with violating Rules 8.2(a) and 84(a) and (d), of Supreme Court Rule 4, Rules of Professional Conduct. Rule 8.2(a) provides:
A lawyer shall not make a statement that the lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge, adjudicatory officer or public legal officer, or of a candidate for election or appointment to judicial or legal office.
Rule 84 provides in pertinent part:
It is professional misconduct for a lawyer to:
(a) violate or attempt to violate the rules of Professional Conduct....
(d) engage in conduct that is prejudicial to the administration of justice....
The Advisory Committee submits that respondent reacted to Judge Karohl’s opinion in utter disregard of the truth, of the integrity of the judicial process, and of respondent’s obligations with respect thereto. The Committee further submits that respondent engaged in this conduct without investigation of the facts and without factual basis for his statements. The Committee briefed and argued additional violations not contained in the information. This Court will consider only those charges contained in the original information. See Matter of Smith, 749 S.W.2d 408, 414 (Mo. banc 1988).
I.
In defense respondent contends that his statements were directed to the court of appeals’ opinion and not to the qualifications or integrity of Judge Karohl and thus did not concern the qualifications or integrity of a judge. Respondent also asserts that the statements in question were merely the expression of opinion and, because opinion cannot be false, the statements are not proscribed by Rule 8.2(a).
This Court first addresses respondent’s protestations that his statements were merely expressions concerning the soundness of the court of appeals’ decision, not statements of actual and provable facts about the judge’s integrity. His contentions are not well taken. First, respondent stated that “the Supreme Court of the Land has twice said our armed criminal action statute is constitutional and that it does not constitute Double Jeopardy.” Immediately following, respondent stated:
... but for reasons that I find somewhat illogical, and I think even a little bit less than honest, Judge Karohl has said today that we cannot pursue armed criminal action. He has really distorted the statute and I think convoluted logic to arrive at a decision that he personally likes.
(Emphasis added). Later followed this personalized language:
But if it’s murder in the first degree and we’re asking for death which, of course, is the most serious of all crimes, Judge Karohl’s decision today says we cannot pursue both. And that, to me, really means that he made up his mind before he wrote the decision, and just reached the conclusion that he wanted to reach.”
(Emphasis added.) The statements personalize the judge’s conduct and specifically refer to him, his motivation, and his integrity as it relates to his participation in the appellate judicial process.
Respondent contends that his statements plainly reflect subjective opinion and not verifiable factual assertions. Because opinion cannot be “false,” he argues, his comments are not proscribed by Rule 8.2(a). In support of this position, respondent would have this Court microscopically [833]*833examine the subject phrases independent of each other. He also would have this Court accept his after-the-fact characterization that his words, in sum, simply meant that the court of appeals opinion was “intellectually dishonest.”
Respondent seeks to obfuscate the issue. He merely creates an “artificial dichotomy” between opinion and fact. Milkovich v. Lorain Journal Co., — U.S. -, 110 S.Ct. 2695, 111 L.Ed.2d 1 (1990). In Milko-vich the Court refused to recognize an artificial dichotomy between opinion and fact, relying instead on whether there was an assertion of objective fact:
If a speaker says, ‘In my opinion John Jones is a liar,’ he implies a knowledge of facts which lead to the conclusion that Jones told an untruth. Even if the speaker states the facts upon which he bases his opinion, if those facts are either incorrect or incomplete, or if his assessment of them is erroneous, the statement may still imply a false assertion of fact. Simply couching such statements in terms of opinion does not dispel these implications; and the statement, ‘In my opinion Jones is a liar,’ can cause as much damage to reputation as the statement, ‘Jones is a liar.’
Id., 110 S.Ct. at 2705-06.
Respondent’s statements clearly imply an assertion of objective fact regarding Judge Karohl’s judicial integrity. The Master so found and this Court agrees. Respondent’s language at the very least implies that the judge’s conduct exhibited dishonesty and lack of integrity and is sufficiently factual to be susceptible of being proved true or false.
Respondent’s continued assertion that the statement “a little bit less than honest” was simply another way of saying “intellectually dishonest” is not well taken. This Court acknowledges but does not condone the all too frequent and often imprecise, rhetorical use of the term “intellectually dishonest.” In any event, in his attack on the judge respondent does not support his assignment of “dishonesty” by anything other than pointing to the long and tortuous history of armed criminal action in Missouri and expressing his assumption that a Missouri court was again in error. Respondent does not elucidate by suggesting, for example, precedent or logic that he believes would constitute an “honest” opinion on the subject. He merely points to similar language and comments by other attorneys, including language used by some judges in dissenting opinions. It is not respondent’s function, but the appropriate disciplinary committees’, to initiate enforcement of the Professional Rules.
II.
Respondent contends that construction of Rule 8.2 or 8.4- so as to prohibit the comments made would violate both his right to free speech and his listeners’ right to know as guaranteed by the First Amendment to the United States Constitution.
It is important to note at the outset that there are no bright lines to guide courts and lawyers in determining standards to impose when balancing the state’s right and need to maintain public confidence in the administration of justice with a lawyer’s first amendment rights. It is clear, however, that attribution of honest error to the judiciary is not cause for professional discipline. In re Sawyer, 360 U.S. 622, 635, 79 S.Ct. 1376, 1382, 3 L.Ed.2d 1473 (1959). It is also clear that lawyers who make derogatory statements about judges are protected by the First and Fourteenth Amendments to the United States Constitution from imposition of civil and criminal liability unless the statement is made “with knowledge of its falsity or in reckless disregard of whether it was false or true.” Garrison v. State of Louisiana, 379 U.S. 64, 74, 85 S.Ct. 209, 215, 13 L.Ed.2d 125 (1964).
What is not clear is whether the same degree of constitutional protection afforded in the civil and criminal arenas is required in professional disciplinary proceedings. The United States Supreme Court has not directly addressed this issue, and the state courts are in disagreement. Many courts disregard a claim of first amendment protection in disciplinary proceedings, holding that free speech does not give a lawyer the [834]*834right openly to denigrate the court in the eyes of the public. See, e.g., In re Raggio, 87 Nev. 369, 487 P.2d 499, 500 (1971). Other courts reject first amendment arguments in holding that an attorney’s voluntary entrance to the bar acts as a voluntary waiver of the right to criticize the judiciary. See, e.g., In re Woodward, 300 S.W.2d 385, 393-94 (Mo. banc 1957) (“A layman may, perhaps, pursue his theories of free speech or political activities until he runs afoul of the penalties of libel or slander, or into some infraction of our statutory law. A member of the bar can, and will, be stopped at the point where he infringes our Canon of Ethics; and if he wishes to remain a member of the bar he will conduct himself in accordance therewith.”); State v. Nelson, 210 Kan. 637, 504 P.2d 211, 214 (1972). A smaller number of courts hold that lawyers, even as participants in the administration of justice, are entitled to the full protection of the first amendment. See, e.g., In re Hinds, 90 N.J. 604, 449 A.2d 483, 489 (1982).
While the Supreme Court has not spoken decisively on the subject, there are several decisions by the Court that provide some guidance in determining standards by which to judge the proper role of the first amendment in disciplinary proceedings. In Bradley v. Fisher, 80 U.S. (13 Wall.) 335, 20 L.Ed. 646 (1872), the Court announced severe restrictions on the right of attorneys to criticize the judiciary: “[T]he obligation which attorneys impliedly assume ... when they are admitted to the bar, [is to] maintain at all times the respect due to courts of justice and judicial officers. This obligation ... includes abstaining out of court from all insulting language and offensive conduct toward the judges personally for their judicial acts.” Id. 80 U.S. at 355. The states reacted by codifying legal ethics, culminating in the American Bar Association’s issuing the Canons of Professional Responsibility in 1908. Although the Canons demanded an attitude of respect toward the courts, they also recognized the importance of and encouraged attorney criticism of the judiciary. Most judicial decisions under the Canons, however, prohibited attorney criticism without regard to the actual effect of the statement on the public’s confidence in the legal profession. Note, Restrictions on Attorney Criticism of the Judiciary: A Denial of First Amendment Rights, 56 Notre Dame L.Rev. 489, 491-92 (1981).
The Supreme Court next addressed sanctions against attorneys for allegedly disrespectful remarks about the judiciary in In re Sawyer, 360 U.S. 622, 79 S.Ct. 1376, 3 L.Ed.2d 1473 (1959). Sawyer was a defense attorney in a Honolulu trial of several people charged with conspiracy under the Smith Act. Six weeks after trial began Sawyer spoke at a meeting sponsored by the International Longshoremen’s and Warehousemen’s Union. Her speech was critical of the proceedings in Smith Act cases: “There is no such thing as a fair trial in a Smith Act case. All rules of evidence have to be scrapped or the Government can’t make a case.” Upon recommendation of the Bar Association of Hawaii, the Supreme Court of the territory of Hawaii suspended Sawyer from the practice of law for one year for impugning the integrity of the trial judge. Id. at 626, 79 S.Ct. at 1378. The Ninth Circuit affirmed, 260 F.2d 189 (9th Cir.1958), and the Supreme Court granted certiorari, 358 U.S. 892, 79 S.Ct. 153, 3 L.Ed.2d 119 (1958).
Justice Brennan wrote the four-judge plurality opinion reversing the Hawaii court. He began by noting that “lawyers are free to criticize the state of the law.” Sawyer, 360 U.S. at 631, 79 S.Ct. at 1380. The freedom, however, does not include the right to “suggest any unseemly complicity by the judiciary in the practice.” Id. at 633, 79 S.Ct. at 1381. The public attribution of honest error to the judiciary, wrote Justice Brennan, is no cause for professional discipline absent a tendency to obstruct the administration of justice. Id. at 635-36, 79 S.Ct. at 1382-83. The opinion delivered by Justice Brennan would prohibit only statements that tend to obstruct the administration of justice or impugn the integrity of a judge.
In a separate opinion Justice Stewart concurred in the result only because he found insufficient evidence in the record to [835]*835support the charge that Sawyer impugned the integrity of the presiding judge. He emphasized, however, that he disagreed with any intimation in the principal opinion that an attorney may invoke the constitutional right of free speech to immunize himself from evenhanded discipline for proven unethical conduct. Id. at 646, 79 S.Ct. at 1388 (Stewart, J., concurring). Justice Stewart adhered to the traditional notions of ethical considerations over freedom of speech: “Obedience to ethical precepts may require abstention from what in other circumstances might be constitutionally protected speech.” Id. at 646-47, 79 S.Ct. at 1388-89.
Justice Frankfurter, joined by three other justices, dissented, finding that the record was replete with evidence to support the charge. He went on to address the “strong intimation” of the principal opinion that Sawyer’s speech was protected by the first amendment. While Justice Frankfurter recognized that attorneys have certain first amendment rights to criticize judges, he maintained, however, that these rights did not extend to attorneys actively involved in pending litigation:
Of course, a lawyer is a person and he too has a constitutional freedom of utterance and may exercise it to castigate courts and their administration of justice. But a lawyer actively participating in a trial, particularly an emotionally charged criminal prosecution, is not merely a person and not even merely a lawyer.
Id. at 666, 79 S.Ct. at 1398 (Frankfurter, J., dissenting). Focusing on the potential effect of such speech, Justice Frankfurter’s opinion apparently would ban all critical speech by attorneys relating to pending litigation. Comment The First Amendment and Attorney Discipline for Criticism of the Judiciary: Let the Lawyer Beware, 15 N.Ky.L.Rev. 129, 136 (1988).
The Court shed further light in Garrison v. State of Louisiana, 379 U.S. 64, 85 S.Ct. 209, 13 L.Ed.2d 125 (1964). Garrison, district attorney of Orleans Parish, Louisiana, was convicted of criminal defamation for statements made at a press conference which disparaged the judicial conduct of eight judges of the Criminal District Court of the parish. The Court first held that the New York Times rule applied in criminal as well as civil actions. This rule provides that critics of public officials may not be subjected to civil sanctions unless the statement was made with knowledge that it was false or with reckless disregard of whether it was false or not. New York Times Co. v. Sullivan, 376 U.S. 254, 279-80, 84 S.Ct. 710, 725-26, 11 L.Ed.2d 686 (1964). The Garrison court held that “only those false statements made with the high degree of awareness of their probable falsity demanded by New York Times may be the subject of either civil or criminal sanctions.” Garrison, 379 U.S. at 74, 85 S.Ct. at 216.
These cases and others make clear that speech concerning public officials, including judges, may be protected speech, “[f]or speech concerning public affairs is more than self-expression; it is the essence of self-government.” Id. at 74-75, 85 S.Ct. at 215-216. See also Landmark Communications, Inc. v. Virginia, 435 U.S. 829, 838-39, 98 S.Ct. 1535, 1541-42, 56 L.Ed.2d 1 (1978) (A primary purpose of the first amendment is to protect the free discussion of governmental affairs, including the operations of the courts and the judicial conduct of judges.). The principle that “debate on public issues should be uninhibited, robust, and wide-open, and that it may well include vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials” is no less important when the judiciary is involved. Garrison, 379 U.S. at 75, 85 S.Ct. at 216, quoting New York Times, 376 U.S. at 270, 84 S.Ct. at 720.
There are limitations, however, to first amendment protection. Even protected speech may be regulated. Where unbridled speech amounts to misconduct that threatens a significant state interest, the state may restrict a lawyer’s exercise of personal rights guaranteed by the Constitution. See NAACP v. Button, 371 U.S. 415, 438, 83 S.Ct. 328, 340, 9 L.Ed.2d 405 (1963). Restrictions on free speech, however, will survive judicial scrutiny only if [836]*836the limitation furthers an important or substantial governmental interest and is no greater than necessary or essential to the protection of the particular governmental interest involved. Sable Communications of California, Inc. v. F.C.C., 492 U.S. 115, 109 S.Ct. 2829, 106 L.Ed.2d 93 (1989). A determination of whether the conditions have been met necessarily requires a balancing process. See L. Tribe, American Constitutional Law § 12-2, at 792-93 (2d ed.1988). The Court balances the competing considerations of the individual’s interest in expressing certain ideas against the government’s interests in and justifications for restricting such expression. See Bates v. State Bar of Arizona, 433 U.S. 350, 363-65, 97 S.Ct. 2691, 2698-2700, 53 L.Ed.2d 810, reh’g denied, 434 U.S. 881, 98 S.Ct. 242, 54 L.Ed.2d 164 (1977).
In undertaking the weighing process, it is necessary to evaluate the nature and importance of the interest of the state sought to be advanced through the restriction of expression. It is clear that the state has a substantial interest in maintaining public confidence in the administration of justice. The interest is not only the litigant’s but also the public’s. The interest is in the administration of justice by a fair and impartial judiciary. The right to remedy by appeal is part of this system. Consequently, the public’s confidence in the appellate process is vital.
Lawyers are an integral part of and essential to the administration of justice. As officers of the court, lawyers do not stand in the shoes of ordinary citizens. See Middlesex County Ethics Committee v. Garden State Bar Ass’n, 457 U.S. 423, 434, 102 S.Ct. 2515, 2522, 73 L.Ed.2d 116 (1982) (“The judiciary as well as the public is dependent upon professionally ethical conduct of attorneys and thus has a significant interest in assuring and maintaining high standards of conduct of attorneys engaged in practice.”); Goldfarb v. Virginia State Bar, 421 U.S. 773, 792, 95 S.Ct. 2004, 2016, 44 L.Ed.2d 572 (1975) (“We recognize that the States have a compelling interest in the practice of professions within their boundaries .... The interest of the States in regulating lawyers is especially great since lawyers are essential to the primary governmental function of administering justice, and have historically been ‘officers of the courts.’ ”). Lawyers must execute their professional responsibilities ethically and pursuant to rules, carefully considered, in order to ensure the confidence of both litigants and the public. Statements by a lawyer impugning the integrity and qualifications of a judge, made with knowledge of the statements’ falsity or in reckless disregard of their truth or falsity, can undermine public confidence in the administration and integrity of the judiciary, thus in the fair and impartial administration of justice.
Rule 8.2(a) contemplates and seeks to effect the substantial government interest in administration of justice through a fair and impartial judiciary. It is this substantial state interest that guides this Court in its interpretation of Rule 8.2(a). The comments to the rule also recognize, however, that the public’s interest in the proper administration of justice may be served through criticism of the process. The rule, then, is sensitive to the possibility of its chilling effect and will not be interpreted to silence all lawyer criticism of the judicial system. Discipline, if imposed, is imposed not as punishment against the offender, but in protection of the public. In re Hardge, 713 S.W.2d 503, 505 (Mo. banc 1986).
Further construction of Rule 8.2(a) requires that the term “false or with reckless disregard as to its truth or falsity” be defined. The cases have consistently required subjective knowledge of the falsity of one’s statement before sanctions were imposed. There is no one infallible definition of “reckless disregard.” St. Amant v. Thompson, 390 U.S. 727, 730, 88 S.Ct. 1323, 1325, 20 L.Ed.2d 262 (1968). The standard has often been defined as an awareness of the likelihood of the circulation of false information or a high degree of awareness of probable falsity. See, e.g., id. at 731, 88 S.Ct. at 1325. In defamation actions the standard has consistently been a subjective one — the test not being whether a reasonably prudent person would have [837]*837had serious doubts as to the truth of the publication, but whether the defendant in fact entertained such doubts. Id.
It is not clear, however, whether the “with knowledge or in reckless disregard” standard used in defamation cases must be strictly applied in disciplinary proceedings. But see Garrison, 379 U.S. at 73, 85 S.Ct. at 215 (“Moreover, even where the utterance is false, the great principles of the Constitution which secure freedom of expression in this area preclude attaching adverse consequences to any except the knowing or reckless falsehood.”). Some courts have simply refused to apply the New York Times test, holding that it was inapplicable to a disciplinary proceeding. See Matter of Johnson, 240 Kan. 334, 729 P.2d 1175, 1180-81 (1986); Matter of Terry, 271 Ind. 499, 394 N.E.2d 94, 95 (1979), cert. denied sub nom., Terry v. Indiana Supreme Court Disciplinary Comm’n, 444 U.S. 1077, 100 S.Ct. 1025, 62 L.Ed.2d 759 (1980). Other courts have in dicta indicated that the New York Times test is applicable in disciplinary proceedings. See Eisenberg v. Boardman, 302 F.Supp. 1360, 1362 (W.D.Wis.1969); State Bar v. Semaan, 508 S.W.2d 429, 432-33 (Tex.Civ.App.1974). Some courts appear to apply the New York Times test, but it is unclear whether they are applying the same subjective “with knowledge or in reckless disregard” standard. See, e.g., Ramirez v. State Bar of California, 28 Cal.3d 402, 169 Cal.Rptr 206, 211, 619 P.2d 399, 404 (1980).
At least one court has directly addressed the question and concluded that an objective rather than subjective standard should be used. In re Disciplinary Action Against Graham, 453 N.W.2d 313 (Minn.), cert. denied sub nom. Graham v. Wernz, — U.S. -, 111 S.Ct. 67, 112 L.Ed.2d 41 (1990). See also Louisiana State Bar Ass’n v. Karst, 428 So.2d 406, 409 (La.1983). In Graham the Supreme Court of Minnesota held that the proper standard in attorney discipline cases “must be an objective one dependent on what the reasonable attorney, considered in light of all his professional functions, would do in the same or similar circumstances.” Id. at 322. Minnesota’s rule is identical to this Court’s Rule 8.2(a), and also identical to Rule 8.2, American Bar Association Model Rules of Professional Conduct. The Graham court noted that Rule 8.2(a), on its face, rejects an absolute privilege for false statements made by a lawyer with reckless disregard for the falsity. The court noted that the rule’s language itself is consistent with the constitutional limitations placed on defamation actions by the United States Supreme Court cases of New York Times and Garrison. Id. at 321. The court concluded, however, that because of the interest in protecting the public, the administration of justice, and the profession, a purely subjective standard is inappropriate. Id. at 322. Citing the differences between defamation (a personal wrong with a personal redress) and professional discipline (redress of a public wrong) the court decided that attorneys should be held to a higher standard when leveling criticism that may adversely affect the administration of justice.
This court certifies attorneys for practice to protect the public and the administration of justice. That certification implies that the individual admitted to practice law exhibits a sound capacity for judgment. Where an attorney criticizes the bench and bar, the issue is not simply whether the criticized individual has been harmed, but rather whether the criticism impugning the integrity of judge or legal officer adversely affects the administration of justice and adversely reflects on the accuser’s capacity for sound judgment. An attorney who makes critical statements regarding judges and legal officers with reckless disregard as to their truth or falsity ... exhibits a lack of judgment that conflicts with his or her position as “an officer of the legal system and a public citizen having special responsibility for the quality of justice.” Minn.R.Prof.Conduct, Preamble.
Id. This Court agrees with the reasoning and holding of the Graham court. The objective standard survives first amendment scrutiny in light of the compelling state interests served.
It remains to determine whether respondent violated the rule. The findings [838]*838and conclusions of the Master stated that respondent did in fact act with reckless disregard as to the truth or falsity of the statements made regarding Judge Karohl. This Court agrees. When asked about the statement that the judge “made up his mind before he wrote the decision,” respondent testified that he meant “that he’d made up his mind before he got the case,” and that his intent was to convey the message that he felt Judge Karohl’s opinion was a foregone conclusion. As stated above, respondent asserted that he meant that the opinion was “intellectually dishonest” but when asked to explain how the opinion was dishonest, respondent merely referred again to his view that the “Missouri appellate system has been intellectually dishonest concerning armed criminal action from day one, in that they steadfastly refuse to follow the directives of the highest court in the land ... and I anticipated the same thing would happen again.” Before making these statements about Judge Karohl, respondent failed to investigate to determine whether Judge Karohl had participated in any cases involving the armed criminal action issue, authored any opinions on the subject, or expressed any personal opinions about it.
Without any corroborative evidence, respondent accused Judge Karohl of deliberate dishonesty. He accused the judge of purposefully ignoring the law to achieve his personal ends. His was not an implication of carelessness or negligence but of a deliberate, dishonest, conscious design on the part of the judge to serve his own interests. That respondent now seeks to negate the Master’s findings and conclusions by saying that respondent meant only to characterize the court of appeals opinion as being “intellectually dishonest” refutes neither the actual language used by respondent at the press conference nor respondent’s failure legitimately to criticize the reasoning and the holding of the court of appeals opinion. Without investigation, however, and knowing the court’s inability to respond to accusations of unspoken motive, respondent proceeded to make a publicly televised statement alleging purposefully dishonest conduct. Respondent’s conduct reflects a reckless disregard for the truth or falsity of the statements made. This Court has already concluded, supra, that respondent’s statements imputed lack of integrity and misconduct in the judge’s professional work. His statements were without basis; the court of appeals opinion relied on the teaching of Missouri v. Hunter. Respondent’s conduct was prejudicial to the administration of justice and reflects adversely on respondent’s fitness to practice law. Accordingly, this Court now finds that by reason of this conduct, the respondent violated Rule 8.2(a) of the Rules of Professional Conduct.
This Court must now assess an appropriate disciplinary sanction by reason of the misconduct found in this case. Respondent argues that as an elected public official, he was using the only practicable means of communicating with his constituents. It is true that public figures and those speaking on public matters should not be held in fear of retribution for their every word. Respondent is nevertheless subject to the Rules of Professional Conduct and does not enjoy a privilege recklessly to impugn before the public the integrity of the judiciary. While deference is given to the needs of public officials to be free from a chilling effect, the mere holding of public office does not exempt a lawyer from the operation of the Rules of Professional Conduct. Respondent notes that he did not engage in bribery of jurors, subornation of perjury, misrepresentation to a court, or any similar kind of conduct. This is correct. Furthermore, this Court independently notes that respondent did not accuse the judge of criminal conduct or of being subject to inappropriate influence.
The Master noted that respondent has privately stated his belief in the judge’s personal integrity and that at the committee hearing respondent reported that he had privately apologized to Judge Karohl before the hearing. The Master found this to be a mitigating circumstance but noted as an aggravating circumstance respondent’s failure to make similar public apology and thereby alleviate the damage caused to the court of appeals and the [839]*839judge. There are other aggravating circumstances. At the time respondent made the statements, the case remained pending. See Nelson, 210 Kan. 637, 504 P.2d 211, 215. Avenues for complaint were available in the form of a motion for rehearing as well as through the filing of a complaint with the Commission on Retirement, Removal and Discipline. See Matter of Riley, 142 Ariz. 604, 691 P.2d 695, 705 (banc 1984); In re Lacey, 283 N.W.2d 250, 252 (S.D.1979). To date, respondent has continuously and steadfastly refused to deviate from his original position, even in the light of subsequent legal proceedings, none of which disturbed either the holding or the reasoning of the court of appeals opinion. As the Master noted, respondent’s twenty years’ experience as a prosecutor “belies any suggestion that he may have acted inadvertently or mistakenly, but rather that he did so knowingly or recklessly of the damage he would cause. The only apparent conclusion is that the very unusual and sensational aspects of the case afforded him an opportunity of personal publicity and self-aggrandizement which he utilized without reflection upon the serious consequences entailed.”
This Court recognizes that it is possible for a lawyer to charge a judge with misconduct more egregious than that charged in the present case. This Court also recognizes that this case involves a matter of first impression and initial construction of Rule 8.2(a) and that the purpose of the rule is to protect the public. Under these circumstances, a public reprimand is appropriate.
The charges brought under Rule 84 are encompassed within the violation of Rule 8.2(a) in this case and, for purposes of imposition of discipline, cannot be distinguished.
Respondent is reprimanded and directed to pay the costs of these proceedings.
ROBERTSON, RENDLEN, HIGGINS, and HOLSTEIN, JJ., concur.
ROBERT E. SEILER, Senior Judge, concurs in separate opinion filed.
BLACKMAR, C.J., dissents in separate opinion filed.
BILLINGS, J., not sitting.