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CA6: Seven year suspension in USDC for contempt affirmed

By John Wesley Hall, Jr.

Herb Moncier's contempt in the Eastern District of Tennessee has been upheld on the facts and law, but the case was remanded for disposition before a different district judge. United States v. Moncier, 07-6053 (6th Cir. July 8, 2009). It was argued that the lawyer had a duty to interject into a colloquy between the defendant and the court over a conflict of interest when the lawyer stated that the court should inquire of the client: To all of which there is a simple answer: There is no right of revolution in a United States District Court. The lawyer’s duty is not to defy the judge’s orders, but to follow them. It is true enough that judges, like other humans, will make mistakes, and that those mistakes will sometimes be to the detriment of a client’s rights...continue to full post

Full post as published by Law Of Criminal Defense on July 10, 2009 (boomark / email).