August 25, 2007

OH: Judge Plough -" We all must accept some blame for what happened here"

More from the Record Courier:

Plough fines public defender $100 on contempt charge

Assistant Portage County Public Defender Brian Jones was ordered to pay $100 and court costs Friday at his sentencing hearing on a charge of contempt of court leveled last week by Portage County Municipal Court Judge John Plough. Plough immediately delayed the sentence pending an appeal.

Jones, who was surrounded by family, friends and fellow attorneys at Friday's sentencing, was cited for contempt after he told Plough in court Aug. 16 that he was unprepared to move forward on a misdemeanor assault case scheduled two months prior but only given to the Portage County Public Defender's Office the day before.

Jones also was ordered to pay $48.50 in restitution to two witnesses who had to skip work that day to attend the trial.

Cleveland attorney Ian Friedman, brought on to defend Jones in the sentencing hearing, had earlier argued Jones did not intend to obstruct the justice of Plough's court, nor had he ever misbehaved prior to this incident. "The charge is in direct contention with the (law's) requirement of willful disobedience" that can lead to a charge of contempt, Friedman argued. "Brian Jones had no business trying to move forward on that trial."

Plough said he might have been convinced to continue the trial after the prosecution presented its case to allow Jones more time to prepare a defense.

"The court does make exceptions in the interest of justice," Plough said, later adding "this court has to be concerned with everybody's discipline in the criminal justice system ... We all must accept some blame for what happened here."

Plough told Jones he was not upset with the young lawyer who passed the bar earlier this year and has only been a public defender for four months. Plough said he had seen Jones in action in two jury trials that resulted in not guilty verdicts for Jones' clients. "You have a very bright future. You showed more poise than many attorneys I've known who've been practicing law for many years," Plough said...


More from the Pittsburgh Post-Gazette:

Contempt upheld for Ohio public defender

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