“They should go get back on a ship and go back to Africa” a Florida judge allegedly observed about African-Americans to a Staff Attorney. She was reporting on the status of an order at the time. The upshot is the Hon. Mark Hulsey III, Circuit Court Judge for Florida’s 4th Judicial Circuit, presently finds himself under judicial ethics inquiry by the Florida Judicial Qualifications Commission.
A majority vote of the Commission determined there was probable cause to investigate allegations of discourtesy and condescension to staff; inappropriate language, including beratement of Staff Attorneys and purported violations of 14 canons of the Florida Code of Judicial Conduct.
Entitled to the presumption of innocence, Judge Hulsey denies all the allegations. Up for reelection, the judge also says the charges are politically motivated. Meantime, he’s been reassigned to probate court. See “Jacksonville circuit judge reassigned after complaint of racial comments, foul language” at the Florida Times-Union.
Too many expletives to count.
With respect to inappropriate language, readers with tender sensibilities might want to skip this second news item concerning the crude, obscene exchange between Georgia
Meanwhile, in Nevada, a judge’s attempt to teach “courtroom etiquette” lost any subtlety of meaning when ‘the lesson’ entailed handcuffing Clark County public defender Zohra Bakhtary at a sentencing hearing for a defendant charged with a probation violation.
Although the judge in question lost reelection last month, the now former Las Vegas, NV Justice of the Peace Conrad Hafen remains under investigation for his alleged unorthodox approach to cultivating courtly manners. See the transcript and courtroom video here.
According to The Las Vegas Review-Journal, the 150-member Nevada Attorneys for Criminal Justice filed a complaint with the Nevada Commission on Judicial Discipline seeking sanctions. The complaint further mentioned two other cases besides that of the handcuffed public defender that they claimed demonstrated Judge Hafen’s “complete disregard for the law.” See“Defense lawyers say Las Vegas judge ‘was wrong’ to handcuff attorney.”
And also weighing in was the Clark County Defenders Union via open letter. The letter stated, in part,
“Every person accused of a crime has a constitutional right to have an attorney speak on his behalf. Public defenders exclusively represent people with little or no money: the poor. Judge Hafen silenced an attorney who was merely attempting to speak on her client’s behalf.
He violated one of our most sacred, fundamental, and constitutionally protected rights. Judge Hafen claims he handcuffed our colleague to “teach the lawyer about courtroom etiquette.” Handcuffing an attorney who is merely doing her job to teach her a lesson is simply improper and has never been done in the history of Nevada. This misguided “lesson” runs contrary to the fundamental right to counsel. That right entitles Americans to have an attorney at their side, speaking on their behalf, especially when they are facing jail. We will continue to take our lessons from the Constitution and our solemn Oath of Attorney.”
More shackled speech.
Two close-in-time occurrences don’t make a trend. But just the same, in Ohio there was another incident of shackled attorney speech. Criminal defense lawyer Andrea Burton was handcuffed, removed from an Ohio courtroom, and sentenced to 5 days in jail for refusing Youngstown Municipal Court Judge Robert Milich’s order that she remove a Black Lives Matter pin she wore to court.
Courtrooms are supposed to be viewpoint neutral according to Judge Milich who gave Burton several chances to comply before issuing his contempt order. “A judge doesn’t support either side,” Judge Milich said. “A judge is objective and tries to make sure everyone has an opportunity to have a fair hearing, and it was a situation where it was just in violation of the law.”
For her part, Burton explained, “He indicated to me he didn’t know if I was trying to seek attention from the news or whatever the case was, but that legally I wasn’t allowed to wear it and I deferred and said that I’m respecting my First Amendment right. That I’m not neutral in injustice, and to remain neutral becomes an accomplice to oppression.” She is appealing her sentence. See “Youngstown attorney arrested for wearing ‘Black Lives Matter’ button in court.”
Credits: Photos via Morguefile license, no attribution required.