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NJ: PD telling judge bail decision was "outrageous" not contempt; it was a 'display of personal pique'

By John Wesley Hall, Jr.

A public defender's 'display of personal pique' in telling a judge his bail decision in the client's case was "outrageous" was not contempt. In re Harkov, A-0432-07T4 (App. Div. Nov. 14, 2008) (unpublished): Nevertheless, we do not believe that Harkov's conduct rose to the level of criminal contempt. It was, rather, conduct that should have been "handled informally," perhaps by "a rebuke in chambers" or "reference to other disciplinary bodies." In re Daniels, 118 N.J. 51, 67 (1990). The record reflects Harkov's display of personal pique did not "obstruct" the proceedings; and we are satisfied that there was no real danger that it would have done so. R. 1:10-1(a). It was very brief and the next matter proceeded immediately afterward. However ill-advised Harkov's conduct may have been, it did not have "the capacity to undermine the court's authority" or "to interfere with or obstruct the orderly administration of justice...continue to full post

Full post as published by Law Of Criminal Defense on November 27, 2008 (boomark / email).