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Posts Tagged ‘Judge Conrad Hafen’

What happens in Vegas never did stay in Vegas contrary to that now 15-year old marketing slogan I got sick of 15 years ago. The succeeding, “What happens here, stays here” was scarcely an improvement.

Take, for example, what happens in a Vegas courtroom. To the uninitiated, you might think from news reports the past couple of years that there’s a perverse penchant for handcuffing lawyers in Clark County, Nevada. That kind of news doesn’t stay in Vegas.

In 2016, Las Vegas Justice of the Peace Conrad Hafen ordered his bailiff to handcuff Clark County Deputy Public Defender Zohra Bakhtary while she was arguing for leniency for her client. Showing Bakhtary no leniency, Judge Hafen ordered his bailiff to place the handcuffed defense lawyer in a chair next to the jury box.

The justice of the peace was subsequently disciplined by the Nevada Commission on Judicial Discipline for his conduct. He consented to a public censure and agreement not to seek, accept or serve in any judicial or adjudicative position or capacity in the future in any jurisdiction in the State of Nevada.

Then last month Clark County Family Court Judge William Potter was suspended for two months without pay for several violations of the Nevada Code of Judicial Conduct arising out of ordering the handcuffing of lawyer Michancy Moonblossom Cramer and threatening to handcuff another lawyer, Ernest Buche, in his courtroom.

The 15-page decision of the Judicial Discipline Commission is worth reading. Besides the two month unpaid suspension, Judge Potter is required to apologize in writing to both lawyers; perform 10 hours of community service; pay a $5,000 fine to an antibullying group; and because the commission panel questioned Judge Potter’s “mental stability and capacity to control his anger,” he is required to submit to a psychiatric exam. As noted in the decision, “The most troubling aspect of the hearing occurred when (Potter’s) temper exploded during the commission hearing itself, thus allowing the commission to witness first-hand the very same behavior that the judge exhibited during the Cramer incident.” 

And finally, there’s this, which thankfully doesn’t involve more lawyer handcuffing by judges. Instead, it’s Clark County District Court Judge Susan Johnson who told several felons to follow through on their probation so they’d be able to vote for Donald Trump in the next presidential election. The judge’s political recommendation made national news — yet again undermining “What happens here, stays here.”

And no matter that she subsequently claimed her comments were meant as jokes. See Las Vegas judge who told felons if they meet probation requirements they can vote for Trump in 2020 says she wanted to ‘invoke some humor'”

I’ll be surprised if a complaint isn’t filed with Nevada’s Judicial Discipline Commission against Judge Johnson for possibly violating the code of conduct’s prohibitions against politicking from the bench. Most likely, though, if a complaint is lodged, it won’t be from a lawyer.

With apologies to Oliver Wendell Holmes, Jr., among other viable reasons, including potential prejudice to clients, detached reflection isn’t in great demand while handcuffed.

Lawyers are among the least likely to file complaints against judges. See Commission’s 2016-2017 Biennial Report.

As for the humor of it, The Nevada Independent reported December 1st that Judge Johnson has made her vote for Donald Trump ‘joke’ three times. The schtick apparently did not get stale after the first or second time.

As a matter of fact, the last documented instance came in August when the jurist told defendant Monique Fresquez, “So if you do everything I tell you to do, you will have your civil rights restored in about three years. You’ll be able to vote for Mr. Trump, I’m sure he could use your vote.”

So far there are no reports of any defendants ‘humorously’ receiving MAGA caps.

See Judge again tells felon to behave because Trump “could use your vote”

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Photo Credits: Welcome to fabulous Las Vegas, by Håkan Dahlström at Flickr Creative Commons Attribution; No Justice for Toons, by JD Hancock at Flickr Creative Commons Attribution; female in handcuffs, by Jobs For Felons Hub, at Flickr Creative Commons Attribution; keep_in, by Robin Davies at Flickr Creative Commons Attribution; Donald Trump, by Donkey Hotey, at Flickr Creative Commons Attribution.

 

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“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 Superior Court Judge Bryant Durham and defendant Denver Fenton Allen. 

The back-and-forth between the judge and the defendant escalated into exchanges about parts of the anatomy, sex, threats and homophobia. The court transcript shared by law blogger Keith Lee is long, lurid and lewd. In its June 24, 2016 report, the Washington Post referred to the courtroom incident as “an extraordinary display of vulgarity — between a defendant and judge.”  See ‘You’ll find out how nasty I really am’: A judge’s seething response to a hostile defendant”

Teaching “courtroom etiquette.”

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.” SeeDefense lawyers say Las Vegas judge ‘was wrong’ to handcuff attorney.”

CCDU Open LetterAnd 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.”

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Credits: Photos via Morguefile license, no attribution required.

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