Posted on 08/28/2007 7:30:37 AM PDT by SmithL
GREENEVILLE — Prominent Knoxville defense attorney Herbert S. Moncier could have spared himself a criminal contempt conviction, a federal judge said, with two words: I’m sorry.
“I frankly never thought this matter would come to a sentencing hearing,” U.S. District Judge Ronnie Greer said Monday. “A simple statement of ‘I’m sorry’ would have concluded this matter a long time ago.”
Moncier stayed mum, however, during his sentencing hearing on a contempt conviction meted out by Greer after Moncier asked to speak to his client at a November hearing when the judge already had ordered the attorney to keep quiet.
His only words came when Greer asked Moncier if he wanted to speak on his own behalf.
“No, sir,” Moncier responded.
Greer could have jailed Moncier for up to six months. Instead, he ordered the veteran attorney to spend a year on supervised probation, pay a $5,000 fine, perform 150 hours of community service, attend anger management classes and take a refresher course on legal ethics.
Defense attorney Ralph Harwell, who represented Moncier, contended the law doesn’t allow the judge to serve up probation for a contempt case.
Greer disagreed, but he made it clear that if Harwell was correct, Moncier would be trading his business suit for an inmate jumpsuit.
“Mr. Harwell is saying to me I do not have probation as an option in this case,” Greer said. “If I am limited, I have only one option — jail time.”
Moncier insists he is innocent of contempt and argued that he is simply a zealous advocate whose legal tactics have netted plenty of courtroom victories.
He denies that he was intentionally defying Greer’s order to be silent and instead was striving to protect his client’s rights after the judge began quizzing that client.
In a sentencing memorandum, Moncier leveled blame at Greer and federal prosecutors in the Greeneville division of the U.S. Attorney’s Office.
Assistant U.S. Attorney Robert Reeves argued Monday that Moncier is too arrogant for his own good.
“It’s not all about us,” Reeves said. “Our egos should not get to the point where we lose sight of how important it is that the system operates correctly. Mr. Moncier allowed his ego to make him feel like the system was all about him.”
Greer criticized Moncier for a history of pushing the legal envelope.
“There are boundaries that are set,” he said. “There are lines that have been drawn. Representation of your client does not justify stepping across that line by blatantly disobeying a directive of the court.”
He even faulted himself for Moncier’s conduct.
“I can say without reservation no lawyer that practices in this court exhibits the kind of behavior you do,” Greer said. “I should have put my foot down a long time ago — the constant interruptions, the constant arguing, the constant claims of bias or prejudice.
“I admire your zeal for your clients,” the judge continued. “I admire your tireless advocacy for your clients. I do not admire the manner in which you represent them.”
Soon after the hearing, Moncier filed a notice of his intent to appeal the conviction and sentencing. Harwell had asked Greer to hold off on enforcing Moncier’s sentence until that appeal is decided. Greer told Harwell to file a motion and said, “I’ll consider it.”
Moncier has reported the conviction to the Board of Professional Responsibility, which is tasked with handling disciplinary matters involving attorneys. It will be up to the board to decide what, if any, action should be taken against the attorney. The board could do nothing. It could censure him, temporarily suspend his law license or even strip him of it.
Asked for comment after the hearing, Moncier said, “I’m looking forward to the public service.”
Thanks for the heads-up
Let’s see if the Order is enforced.
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