Monday, May 6, 2013

JUDGE ACTING UP: Judiciary Update By Attorney Charles Ware

Ottawa County, Michigan judge Kenneth Post has been suspended from the bench by the Michigan Supreme Court for 30 days without pay for his unfortunate meltdown of sending a lawyer to jail for an alleged contempt of court.

The innocent victim lawyer, Scott Millard, apparently angered Judge Post when he (Millard) simply did his job of asserting self-incrimination (by not answering questions) about possible past drug use.

The Judge, Kenneth Post, of Hudsonville will begin the unpaid suspension on May 22, report the Grand Rapids Press, the Associated Press and WoodTV.com. The Michigan Supreme Court said in a ruling on Wednesday that Post had a "failure to be aware that the judicial system is for the benefit of the litigant and the public, not the judiciary." Post also had a "failure to avoid a controversial manner or tone in addressing counsel,” according to the opinion.

Post found Scott Millard in contempt in a December 2011 bond hearing for the lawyer’s client. A transcript showed this exchange as Millard asserted his client was protected by the Fifth Amendment:
JUDGE POST: "I'm not interested in what you think. Haven't you gotten that yet?"

MILLARD: "I have gotten that, and I...understand that, and your honor, the court fully, certainly has the right to not care what I say. How—"

JUDGE POST: "Thank you. Then be quiet."

Post then begins to question Millard’s client, spurring another objection from the lawyer. Post first fined Millard $100 for contempt, then ordered him to jail. The lawyer was released hours later by another judge’s order.

[Associated Press (AP)/ May 01, 2013/ "Judge Kenneth Post Suspended, Loses Pay For 30 Days"; www.abajournal.com/news/article/May 2nd, 2013/ "Judge Is Suspended For Jailing Lawyer Who Advised His Client To Plead The 5th"]

Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]

No comments:

Post a Comment