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ORDER

On January 28,1999, the court issued an Order to Show Cause Why Respondent’s Counsel in the Ylst Case Should Not Be Sanctioned (“OSC”), which detailed the matters about which the court was considering sanctions against attorney Diana Carloni Nourse. After receiving briefing from the parties in response to the OSC, the matter was heard on February 22, 1999.

For the reasons set forth in the record of the February 22,1999 hearing, the court finds that Diana Carloni Nourse and her counsel Richard Clouse have failed to show cause why Ms. Nourse should not be sanctioned for her conduct in this case. The court has been unable to determine whether Ms. Nourse acted in subjective bad faith when making the statements and pursuing the arguments at issue in this OSC. It is clear, however, that she acted with reckless disregard for the truth, which rose to the level of objective bad faith. Also, as set forth in the transcript, the court has the same concerns and has reached the same conclusions concerning statements made by Ms. Nourse’s counsel, Richard Clouse, in response to the OSC and at the hearing thereon. The court has formed no conclusion as to the degree to which Mr. Clouse’s…