Moncier fighting federal court ban - Little-known rule let case over '06 hearing be filed in secret

Knoxville News Sentinel ^ | 3/7/8 | Jamie Satterfield

[SmithL]

CHATTANOOGA - A prominent Knoxville defense lawyer who fought to shed light on back-door governmental deal-making has since January been fending off a secret move to bar him from practicing law in federal courts, the News Sentinel learned Thursday.

U.S. District Chief Judge Curtis L. Collier in January filed under seal proceedings to strip attorney Herbert S. Moncier of his right to practice law in federal courts in the Eastern District of Tennessee, a move that if successful likely would take from him the ability to handle federal cases nationwide.

Collier, who presides in Chattanooga, ordered every document filed in the case to be kept from public view. He instructed Moncier to notify - in secret - all federal judges before whom Moncier had pending cases of the disciplinary action.

He barred Moncier from publicly revealing the fight for his career, which kept Moncier from seeking the help of any legal advocacy groups. A day-long hearing was held Wednesday at Collier's direction by U.S. District Magistrate Judge Susan K. Lee. However, no notice of that hearing was filed publicly, nor was it included in the daily list of cases to be heard, known as a public docket.

Collier's cloaking of the case was perfectly legal, however, under a little-known rule drafted by local federal judges. That rule actually could have allowed Moncier to be effectively disbarred in secret.

The News Sentinel learned Wednesday afternoon, however, that something was afoot involving Moncier when a federal appeals court publicly filed a one-line order refusing to issue a stay of a contempt of court conviction issued against Moncier by another federal judge, Greeneville U.S. District Judge Ronnie Greer, in connection with a November 2006 hearing.

That one-line order bore Lee's name. On Thursday, the News Sentinel contacted Lee's clerk, who said he could confirm only that a continuance of that hearing was set to begin that morning.

Lee later Thursday morning unsealed all documents in the case. However, there is no order explaining that decision.

"I would say that is highly unusual," lawyer Randy Reagan said Thursday after learning of the secret proceeding to bar Moncier from a federal court practice. "That's just bizarre."

Reagan is former president of the Tennessee Association of Criminal Defense Lawyers, an advocacy group that came to Moncier's defense in the contempt action filed by Greer.

It is that same encounter between Greer and Moncier that is the subject of Collier's secret disciplinary action.

In that case, Greer was attempting to quiz one of Moncier's clients about a possible conflict of interest Moncier had in representing another accused drug dealer in a potentially related case. Greer warned Moncier not to "say another word." Moncier asked to speak to his client. Greer ordered Moncier charged with contempt for defying his order.

Greer later found Moncier guilty of contempt, fined him $5,000 and placed him on probation, requiring Moncier to undergo anger management counseling and ethics training. Greer also filed a complaint with the Tennessee Board of Professional Responsibility. Moncier appealed the conviction.

All of that occurred months ago. It is not clear why Collier, more than a year after the November 2006 hearing at issue in the contempt case, would step in and try to exact even greater punishment.

Moncier, represented by attorney Ralph Harwell, testified Thursday before Lee that he never intended to be disrespectful to Greer and was only trying to zealously represent his client. He also noted that he already had been punished by Greer.

"Why am I on trial here in Chattanooga when I have done everything I have been required to do?" he asked Lee.

In filings made public Thursday, Moncier insists he is the victim of double jeopardy, being punished twice for the same crime.

Moncier contended in his testimony Thursday that he is being penalized for doing his job.

"I'm a one-man law firm," he testified. "I am proud of what I've accomplished."

Reagan said Tennessee Association of Criminal Defense Lawyers became involved in Moncier's contempt case because the group believed Moncier's contention that he was being punished for aggressively representing his clients. The secret move to disbar him from federal court practice was all the more frightening for the group, he said.

"It has a possible chilling effect on other attorneys," Reagan said. "If a judge thinks I'm too zealous in my representation, he can move to bar me? That's scary, quite frankly."

Lee set a March 21 deadline for Harwell to file any additional evidence in the case. It is not known who may have testified at Wednesday's secret hearing, what evidence was presented or what questions were posed.

Although Collier initially used the incident between Greer and Moncier as basis to bar Moncier from practicing in federal court, he later "specifically authorized" Lee to "investigate any other instances of misconduct, unethical or unprofessional behavior or any pattern of such behavior on the part of (Moncier)." However, that order also was filed in secret, unveiled only after the News Sentinel's inquiry Thursday.

Moncier represented nine citizens allowed to join the News Sentinel's successful lawsuit against the Knox County Commission over violations of the state's Open Meetings Act, or "sunshine law," in the appointments of term-limited officeholders.

Jamie Satterfield may be reached at 865-342-6308.

[SmithL]

Knoxville criminal defense lawyer Herbert S. Moncier leaves the Joel W. Solomon Federal Building in Chattanooga, Tennessee after facing the possibility of disbarment in federal court Thursday morning.

[SmithL]

It couldn’t happen to more of a scumbag attack lawyer.

[o_zarkman44]

I disagree with any secret action repressing any lawyer, regardless of who thinks they are a scumbag.

It could happen to a lawyer your life depends on sometime in the future. If there is a case against a lawyer, the disbarment proceedings must be accessable to the public. The public has a right to know the record of accusation.

[geezerwheezer]

Were I the lawyer involved, I would immediately file malfeasance of office charges against both the federal judges involved. If nothing else, they would have to recuse themselves from adjudicating his case.

[cva66snipe]

I don’t care for this guy one bit. He’s a grandstander who seeks publicity. Most notable was a killer called Zoo Man. He’s high profile and enjoys grandstanding. This time it looks like it finally caught up with him. No sympathy from me for him over his woes. But I do think the hearings should be public. Here’s one of the more famous cases http://www.knoxnews.com/kns/local_news/article/0,1406,KNS_347_4202011,00.html

[cva66snipe]

BTW if my life depended on a good lawyer? Knoxville has plenty of them. I would not want a jury trial with him as my lawyer.

[an amused spectator]

Huskey's case is the most ... expensive in Tennessee history.

And:

Huskey, convicted in a series of rapes preceding the Cahaba Lane slayings, is serving a 66-year prison term.

So why was the prosecutor spending taxpayer dollars like a drunken sailor?

Can you say "Obsessive-Compulsive with a blank checkbook"?

[cva66snipe]

I doubt you would find many locals who would see it that way. Many were outraged over the case. His lawyers drug it out for years with delays, appeals, etc. Zooman did not belong on the streets.

[cva66snipe]

The prosecution would prove it's case then lo and behold out of nowhere would appear another appeal on a trivial technicality which would start it all over again. Blame the judges involved who lacked a spine to uphold verdicts. BTW when Zooman was locked up the killings stopped. The closest thing to it happening since in that area was a car hi-jacking/murder and the ones involved in that were either not born or toddlers when the Zooman stuff started. They have those perps in custody waiting on trial.

[an amused spectator]

I'm getting where you're coming from, but I don't think the Founders envisioned "money bonfires" made from taxpayer dollars when it came to the justice system.

Sounds like Moncier and the judges are both responsible for playing the system.

The prosecutor DID need to be aware that he was going to prison for, like, forever.

It's similar to the current American energy policy crisis - the people that we the people have delegated the responsibility to just ain't gettin' 'er done.

So, like - why the EFF are we paying them a dime? Out of force of habit?

[cva66snipe]

Sounds like Moncier and the judges are both responsible for playing the system.

That's about the size of it.

The prosecutor DID need to be aware that he was going to prison for, like, forever.

Had the murder charges not been pushed? He may well have ended up back out on the street. He still might. With a 66 year sentence for the rapes???? A judge then willing to reduce that?? BTW here's more http://www.wbir.com/news/local/story.aspx?storyid=39281&provider=rss This is worse his parole eligability date is 09/28/2008 according to Tennessee Felony Offender Lookup. His sentence is up on 2054 but this September or any time afer he can get parole. The DA knew that too.