Posted on 05/30/2007 7:30:56 PM PDT by SmithL
A federal judge today found a prominent Knoxville defense attorney guilty of contempt of his court.
Greeneville U.S. District Judge Ronnie Greer issued a 28-page written opinion, deeming attorney Herbert S. Moncier guilty of contemptuous behavior during a Nov. 17, 2006, hearing.
Moncier is expected to file motions later today asking Greer, among other things, to reconsider and remove himself from the bench.
Moncier could face up to six months in jail and lose his law license.
Greer's decision comes after a court hearing in April. At the time, Greer was going to rule but took under advisement proof from the hearing.
Greer then said he would issue a written ruling on whether Moncier committed criminal contempt during the November hearing in which the attorney continued to speak after the judge repeatedly ordered him to be quiet.
"Somebody has to be in control of the courtroom, and that person is the judge," Greer told Moncier during the April hearing. "It doesn't matter whether you think I know what I'm doing or not. ... Your statements, your actions reflect on the judicial system itself."
The contempt came in an already contentious case involving chop shop operator Michael Vassar in a hearing that spanned more than three hours.
Faced with a threat by Greer that he would be jailed for saying "one more word," Moncier responded, "Can I speak to my — "
Attorney Ralph Harwell, who represented Moncier along with John T. Rogers, argued at the April hearing that Moncier should not be punished for his hard-hitting style.
"He pushes right up to the line in whatever he litigates," Harwell said. "He may be guilty of not being moderate. He may be guilty of pushing too hard and too often. But he's not guilty of criminal contempt."
Assistant U.S. Attorney Robert Reeves countered that Moncier did not merely push the boundaries. He ran over them.
"In this case, the line was very clearly set by the court," Reeves said. "The court clearly told Mr. Moncier where that line was. He chose, and he intended to cross that line."
Attorneys Randall E. Reagan and Stephen Johnson argued in support of Moncier on behalf of the Tennessee Association of Criminal Defense Lawyers, a statewide legal advocacy group.
But it was the face-to-face confrontation between Greer and Moncier that kept most courtroom watchers riveted in April after Moncier took to the witness stand in his own defense.
As Greer posed a question, Moncier cut him off but caught himself.
"I did it again," he said. "I'm sorry."
Later, Greer interrupted Moncier and, then, called his own judicial hand.
"I'm sorry," Greer said. "I'm interrupting you, and that's something I've asked you not to do."
While not conceding guilt, Moncier delivered a carefully worded apology.
"I know I push the envelope as far as I can," Moncier said. "I've done it for 38 years. But to think I would disobey the court simply to disrupt the court is something I would never do.
The attorney may have a point. That is, he was addressing the court, and was told to stop talking. However, while it is in the judge’s power to order him to stop talking to the court, it may be beyond the judge’s power to order him to stop talking to his client, as long as it is not disruptive. Doing so would quite possibly impinge on his client’s right to representation in a fair trial.
>>”I’m sorry,” Greer said. “I’m interrupting you, and that’s something I’ve asked you not to do.” <<
Moncier should run for the bench. He’d be good ....... at interrupting attorneys.
Not in this case. The lawyers in Knoxville put up with a lot from him. He has made a career of sorts off defending one criminal {not the one mentioned in this article} who should never be allowed to see daylight again. Greeneville is not Knoxville and the judge didn't put up with it.
Should read the Judges in Knoxville put up with a lot from him. This man is a defense lawyer.
Hang him.
You have a good point there...Judge Greer is a disgrace to the US Justice System. This whole contempt charge was a set up by the government. They need to face the fact that Herb Moncier kept them on their toes. The government was continuously looking up cases Moncier was citing. The government was setting up Vassar and violated his 6th amendment rights...Can hardly wait until the appeal is heard. This case is chocked full of appeal..
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