Moncier
Posted on 04/29/2008 1:08:59 PM PDT by SmithL
Chief U.S. District Judge Curtis Collier today issued a ruling barring Knoxville attorney Herbert S. Moncier from practicing law in any federal court in the Eastern District of Tennessee.
Collier also reprimanded Moncier for remarks made about "opposing counsel."
Moncier's courtroom opponent, in the case before U.S. District Judge Ronnie Greer that landed him in front of Collier, is Assistant U.S. Attorney Neil Smith, but it was not immediately clear if it was Smith to whom Collier was referring.
Collier issued an 80-page ruling setting out his reasoning. The order states that Moncier will be under "active suspension" for five years with another two years of suspension under a probationary status.
Collier wrote that Moncier could apply for reinstatement annually after three years of suspension, but it would be up to Collier to decide whether to award Moncier early reinstatement.
"I was representing a client being questioned by a federal judge in the presence of the prosecution and the FBI," Moncier said today.
"I had a duty as a lawyer to object, and I did so.
"I was then told by Judge Greer not to say another word or I was going to jail.
"I asked for clarification of that order by asking Judge Greer, 'May I speak to my client.'
"Judge Greer put me in jail, found me in contempt of court, and Judge Collier has now written 70 pages as to why I should not have asked Judge Greer to be permitted to speak to my client.
"I believe that it is an attorney's duty to object in court and if there is any uncertainty as to a court's directive to ask the court for clarification.
"I made that decision to ask for clarity within a split second.
"Judge Collier has taken 70 pages to take from me the right to practice in federal court for making that split-second decision to try to provide my client the effective assistance of his attorney as he was being questioned by a federal judge."
Moncier has filed an emergency appeal with the 6th U.S. Circuit Court of Appeals, which reviews federal cases in four states, including Tennessee.
He asked the appellate court to stay the judiciary proceedings against him after U.S. Magistrate Judge Susan Lee's recommendation earlier this month that he be disciplined.
Moncier essentially asked the court to combine any action taken by Collier with that of Greer, contending he is the victim of double jeopardy in that he is being punished by Collier for an encounter with Greer for which Greer has aleady meted out punishment.
Collier's opinion today comes before the appellate court had a chance to act on Moncier's motion.
The discipline, Moncier said, throws into question 24 pending federal cases, including one scheduled to begin May 12 in Covington, Ky.
In that case he is representing an attorney accused of misappropriating $42 million out of a $200 million Phen/fen settlement. Phen/fen is a popular drug treatment for obesity and binge eating disorders.
He said the state Board of Professional Responsibility has decided to take no action against him after he self-reported the Greer punishment.
In her recommendation, Lee did not specify what that discipline should entail.
Collier was seeking to discipline Moncier under a rule peculiar to the Eastern District of Tennessee that allows for the disbarment from federal practice of an attorney in a process that can be carried out entirely in secret.
Collier initiated disbarment proceedings against Moncier in February, more than a year after the November 2006 hearing in which Moncier ran afoul of Greer for failing to hold his tongue when ordered to do so.
Every document related to the case was put under seal. Notice of a March hearing before Lee was kept off the public docket. The local rule that allowed such secrecy leaves it entirely up to the federal judge hearing the case whether to make it public.
Moncier asked on the eve of his March hearing that the case against him be unsealed. Lee contends that she issued an order that same day approving the request once Moncier filed a waiver of confidentiality. He filed one on March 5, the first day of a two-day hearing.
Still, the case remained off the public docket until late afternoon on March 6 after the News Sentinel first inquired about the case and then attended the final hours of the hearing.
The secrecy allowed by that local rule has drawn criticism from the Tennessee Association of Criminal Defense Lawyers and several Knoxville attorneys.
Moncier
Moncier Ping
IF the only thing he did was “say another word” as he claims, by asking if he could speak with his client, the discipline is outrageous.
After seeing the utter miscarraige of justice and abuse of power that fell on Scooter Libby, I don’t have much faith in the “federal justice system.”
In my experience, the difference between G-d and a federal court judge ... is that G-d does not think he is a federal court judge.
As you said, if it is really as simple as this article makes it seem this is a serious injustice.
I suspect there must be more to this story. A lot more.
I wonder if the ruling will be made public.
I thought all the odd ball laws were in Missouri.
Judge orders Moncier jailed briefly
Knoxville News Sentinel ^ | 11/17/6 | JAMIE SATTERFIELD
Posted on Friday, November 17, 2006 07:06:52 PM by SmithL
A federal judge today briefly ordered Knoxville attorney Herbert S. Moncier jailed for an allegation of contempt of court in Greeneville.
U.S. District Judge Ronnie Greer ordered deputy U.S. marshals to take Moncier into custody on what’s known as a summary contempt charge after the prominent defense attorney allegedly disrupted a hearing by repeatedly interrupting the judge, speaking loudly in an attempt to silence the judge and being, in the judge’s view, overly argumentative.
For more information about this 99 percenter, click on keyword moncier.
I've seen situations where the judge sustains every objection instantly, and you have to learn to argue after the fact to get some of those rulings reversed. In this case, it sounds like his client was in deep trouble, and the attorney decided the only hope was to disrupt the hearing.
Nah - Moncier is an ass. He’s getting what he deserves.
You have not met many judges...
I think for this to get to this point, this lawyer has to have done ALOT more. Then again, black robe fever is a very real phenomenon.
I’ve met many, some are saints others are quite arrogant, even at the federal level.
You are correct. There is Herb Moncier. he is a master at infuriating people.
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