ID: another proud to be from Idaho moment

From the Idaho State Journal:

Inmate duct taped

The first hint that Nicklas Frasure's hearing was going to be unusual came at the outset when the man attempted to fire his court-appointed counsel. It eventually culminated with the man's mouth bound with duct tape in an attempt to quell his frequent and irrational outbursts...

The attempt to fire the p.d.? Not unusual. The duct tape? Unusual. Cruel and unusual? Who am I to judge? It's Idaho. (regards to court - appointed counsel, a law school classmate of mine)

PA: evil judge, juvy do-over

From the New York Times:

Clean Slates for Youths Sentenced Fraudulently

The Supreme Court of Pennsylvania on Thursday ordered the slate cleaned for hundreds of youths who had been sentenced by a corrupt judge.

The young people had been sent to privately run detention centers from 2003 to 2008 as part of a judicial kickback scheme that shocked Pennsylvania and the nation. The judge in the cases, Mark A. Ciavarella Jr. of Luzerne County, is one of two who pleaded guilty last month to wire fraud and conspiracy for taking more than $2.6 million in kickbacks.

The exact number of records to be expunged was not stated in the court’s order (pdf file); a special master is investigating the cases...

ID: Judge Burdick, how could you?

From Tara Rowe of The Political Game:

Still don't think Zeb Bell's voice is an influence outside of his direct broadcast range in the Magic Valley? Zeb's guest this morning, a regular guest Senator Denton Darrington (R-Declo) brought on a guest of his own: Justice Roger S. Burdick. Yep, a justice of the Idaho Supreme Court. All of this after the bigoted comments of Rep. John A. "Bert" Stevenson (R-Rupert). Amazing.

I'm ashamed and embarrassed for a judge I liked.

(Your Honor, it wouldn't have been hard to google Zeb Bell in advance to see why you wouldn't want to appear on this hateful man's show - the Mountain Goat could've told you all you needed to know. At least I'm hoping you didn't know; the alternative doesn't jibe with my respect for you.)

My fellow Idahoans

Please check out my very smart friend Dennis Benjamin's SCOIDBlog:

"keeping an eye on the doings of the Supreme Court of Idaho and the lower state courts from a criminal defense point of view with news, commentary, gossip and rumor, satire, poetry and more."

("Poetry?")(The blog bills itself as a team effort - other Idaho friends appear, including Deborah Whipple - but so far, judging by number of posts, Dennis is the MVP)

PA: juvenile injustice, judicial avarice

The juvenile reformers and public defenders have been talking about this, and now it's made the New York Times:

Judges Plead Guilty in Payoffs for Jailing Youths

(O)n Thursday... (J)udge, Mark A. Ciavarella Jr., and a colleague, Michael T. Conahan, appeared in federal court in Scranton, Pa., to plead guilty to wire fraud and income tax fraud for taking more than $2.6 million in kickbacks to send teenagers to two privately run youth detention centers... While prosecutors say that Judge Conahan, 56, secured contracts for the two centers to house juvenile offenders, Judge Ciavarella, 58, was the one who carried out the sentencing to keep the centers filled.

“In my entire career, I’ve never heard of anything remotely approaching this,” said Senior Judge Arthur E. Grim, who was appointed by the State Supreme Court this week to determine what should be done with the estimated 5,000 juveniles who have been sentenced by Judge Ciavarella since the scheme started in 2003.

Many of them were first-time offenders and some remain in detention. The case has shocked Luzerne County... And it raised concerns about whether juveniles should be required to have counsel either before or during their appearances in court and whether juvenile courts should be open to the public or child advocates...

OH: ensuring effective assistance trumps hurrying the docket

Good news from John Wesley Hall, Jr.'s Law of Criminal Defense:

OH11: Brian Jones contempt case reversed

Where the public defender was appointed the day before trial and requested a continuance to prepare, it was an abuse of discretion to deny a continuance and hold defense counsel in contempt for not proceeding to trial where he would have been ineffective per se...

Previous items about the wrath of Plough here.

Update from the Record-Courier: Plough ruling overturned by appeals court. Second time Portage judge overruled in two weeks

Welcome Olyblog readers!

Hi, neighbors! I've never felt so conveted!

If you're curious, I like this judicial candidate
(he's the one on the right):
I've watched Sam at work and in court since I moved to Thurston County. I know that he will be a thoughtful and respectful judge.

WA: the wrong sort of love from the bench

From Eye on Olympia:

When a "Law and Order" script collides with "The Office"...

The state Commission on Judicial Conduct today decided to censure - or officially call on the carpet for an in-person reprimand - former Federal Way Municipal Court Judge Collen Hartl. Hartl violated the code of judicial conduct, both sides agreed, when she had a sexual encounter with a public defender who appeared frequently in her court...

Homebody

Let me just say, I'm glad to be home tonight on my laptop in my own comfy chair, wearing my own comfy clothes and not someone else's size 4XL orange coveralls.

There are those who relish walking the edge of contempt of court, but I'm a simpler home-loving sort. Today I just said what it seemed needed to be said, plowed through the rest of the caseload, got out of there for a 30 minute lunch, and came back, on to the next thing. More court tomorrow.

(no details so long as any other shoe might drop - I like the freedom of not having to bill my clients, but tonight I appreciate the other freedoms that my private brothers and sisters have)

"Why would I lie?"

Think it's just you who's feeling under-trusted? Check out the latest post by Woman of the Law:

on being a public defender: apparently we're all liars.

It's strange how much judges and prosecutors really believe that we lie, lie, lie all the time...

It's not just in trial or motion practice. You can get this attitude, even when you're doing a change of plea, when your judge is all, "I am the only one here looking out for you, dear defendant, because we just can't trust this (incompetent / overworked / unprepared) court-appointed lawyer telling me that you've been advised of your rights..."

ID: the "you've done this so many times before" basis for a knowing, voluntary and intelligent plea

I would be crestfallen to hear a judge say these words to a client of mine, even if they were true. From the Twin Falls Times-News:

Murder defendants McElhiney, Heredia appear in court

(C)oming before Judge Stoker on Thursday, Fredy Heredia-Juarez lost his bid to undo a guilty plea he says he didn't mean to make. Heredia told the judge when he pleaded guilty to first-degree murder... he believed he was getting a sweeter deal than he actually got.

Stoker rejected a litany of reasons Heredia gave for entering a false plea... The judge said Heredia had pleaded guilty so many times, to so many people and in a variety of ways that even if his then attorney Greg Fuller plugged words into Heredia's mouth and railroaded his client into a poor decision, it would hardly matter...

Stoker expressed deep concern that too many innocent defendants in the U.S. plead guilty falsely. He said this was not one of those cases...

WA: Your Honor, you can love the p.d., you just can't loooooooove the p.d.

From the Olympian:

Federal Way judge admits relationship with lawyer, resigns

A Federal Way Municipal Court judge has resigned after hosting a holiday party at which she claimed to be having an affair with a public defender who routinely appeared in her court.

Judge Colleen Hartl quit Dec. 19, less than a week after telling her guests - including five court employees - that she had sex with public defender Sean Cecil, and displaying a text message in which he complimented how she looked in "tight jeans," Michael Morgan, the court's presiding judge, said Wednesday. A news release from the city cited "personal and health" reasons for the resignation...

Update: the story made the ABA Journal ("Judge Blabs About Affair With Lawyer, Then Quits") and made Shelley smirk.

ID: congratulations, Your Timship!

A smart pick from the governor's office:

Otter Names Hansen to 4th District Bench

Governor C.L. “Butch” Otter today appointed Ada County Magistrate Timothy Hansen to fill the 4th District judgeship... Hansen, 56, is a Pocatello native who received his bachelor’s degree from the University of Michigan and his law degree from the University of Idaho. The U.S. Navy veteran has been an Ada County magistrate since 1992. He previously was a deputy Ada County public defender...

I remember way back when I was a fledging p. d. out at Traffic Court on Barrister Drive, Tim Hansen and Mark Stewart were my misdemeanor mentors - man, I thought they knew everything! Mark's moved on and Tim's moved up: worthy men both.

(but see Public Defender Dude, "Why are ex-Public Defenders so often bad judges?")

WA: "like a bad Thanksgiving dinner with a drunk relative"

More about a black-robed bully's terrible, horrible, no good, very bad weekend, from the Oregonian:

Colleagues detail 'bad weekend' with judge - conduct, offensive remarks at a conference are among the reasons the state censured Clark County's John P. Wulle

Clark County Judge John P. Wulle was frustrated with the discussion. It's time for the group to move to the next topic, he announced... "No, Judge," Keith Pereira told Wulle. The group needed to work through this topic... That was it. The judge erupted with an expletive directed at Pereira, threw down his pen and walked out the door - leaving behind his stunned, embarrassed and frightened colleagues.

The incident was one in a series of questionable behaviors involving the judge during the five-day conference, including remarks about African Americans, gays and Jews that witnesses reported as demeaning or, at least, inappropriate... But his outburst at Pereira especially shook participants. It frightened at least one member - Cookie Quirk... "I've never seen a man throw stuff, use the F-word, and just act like a kid," Quirk said. "I didn't know what he was going to do next..."

WA: whiskey don't make liars, it just makes fools

From the Columbian:

Judge Wulle censured by commission

Clark County Superior Court Judge John Wulle was censured Friday for "demeaning, offensive and shocking" behavior at a training conference last year. Wulle, 57, appeared before the state Commission on Judicial Conduct in SeaTac. The judge and seven other people from Clark County, including a deputy prosecuting attorney, a juvenile probation officer and a defense attorney, attended "Planning your Juvenile Drug Court," July 24 to 28, 2006, in Los Angeles.

According to a nine-page document posted on the commission's Web site, Wulle used profanity, made an obscene gesture in response to a request to lower his voice and referred to Clark County's group facilitator as "the black gay guy" while at the Los Angeles event. Also, after the facilitator said, "Clark County gets a star" for finishing an assignment, Wulle said, "I don't need a star. I'm not a Jew." Several witnesses said Wulle smelled of alcohol, according to the censure order...

See also "Judge Talks Himself into Trouble" from the ABA Journal.

No vegans need apply

Today in court, our pro-tem was trying to encourage one of my high school clients to get more involved in one of the various extra-curricular activities:

"Heck they even have a Beef Club - they sit around talking about eating meat."

IN: another p. d. jailed for contempt

From the Fort Wayne News - Sentinel:

Attorney arrested after missing hearing - Public defender said he was in another court

A public defender who failed to appear for a client’s sentencing hearing Friday found himself on the other side of the law hours later – arrested and booked into Allen County Lockup on a direct contempt of court charge. Allen Superior Court Judge Kenneth Scheibenberger ordered an arrest warrant for 43 - year - old Quinton L. Ellis when the lawyer did not show up for the sentencing of Dixon W. Boughman... Boughman was to be released Friday because he had already served enough time in jail...

“I think it was extreme under the circumstances,” said Ellis of the judge’s decision. “I know he has fined other attorneys...” “He’s a good lawyer, an excellent lawyer,” Scheibenberger said. “He’s just not very organized...”

NE: profile in courage at juvy

David Tarrell at In The Moment releases the transcript from the time that a juvenile judge held him in contempt:

Going to Jail for Refusing to "Be Still" in Court

THE COURT: Mr. Tarrell, can I talk to your client for a moment?
MR. TARRELL: Well, I—
THE COURT: Can I talk to him, please, for a minute?
MR. TARRELL: Yeah, I’m – you know, I’m—
THE COURT: Thank you.
MR. TARRELL: Judge, you know—
THE COURT: Thank you, I’m just going to visit with him for a second.
MR. TARRELL: Judge, you know what—
THE COURT: You- Just a moment. Mr. Tarrell, if you do not be still, I’ll find you in contempt.
MR. TARRELL: You can find me in contempt.
THE COURT: All right.
MR. TARRELL: I think it’s important that I talk to my client, okay, Judge...

Locked-up p.d. - "a terrier with a bone"

From Law.com:

Public Defender Service Attorney Detained in Holding Cell

A heated exchange between D.C. Superior Court Judge John Bayly Jr. and Public Defender Service attorney Liyah Brown last week ended with Brown in a holding cell -- the first time, Bayly says, he has ever detained a lawyer.

During a criminal hearing on Aug. 29, Brown attempted to point out that her client "is a homeless man," according to court transcripts. Bayly, however, responded with skepticism: "I don't know that he is." The two argued over the point before Bayly told Brown to have a seat. "Step her back, please. Step her back," Bayly told a U.S. marshal, according to the transcript. Brown was shackled and held in a cell with misdemeanor defendants...

From the Washington Post:

Colleagues Back Lawyer Detained in Dispute With Judge

Several lawyers with the D.C. Public Defender Service wore red armbands to the courthouse yesterday to show support for a colleague who was handcuffed and briefly locked up last week in a flare-up with a judge...

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