A judge who ordered a prominent Knoxville defense attorney suspended from practicing federal law has issued a fresh round of criticism, accusing the lawyer of unethical behavior and outright lying.Posted on 05/20/2008 7:49:58 AM PDT by SmithL
A judge who ordered a prominent Knoxville defense attorney suspended from practicing federal law has issued a fresh round of criticism, accusing the lawyer of unethical behavior and outright lying.
Chief U.S. District Judge Curtis L. Collier on Friday issued a sternly worded ruling in which he refuses to put on hold a seven-year suspension of Herbert S. Moncier's right to practice federal law in East Tennessee pending Moncier's appeal.
In that ruling, Collier accuses Moncier of legal misconduct, unethical behavior and even lying - after Collier put down his April 29 order suspending Moncier.
"(Moncier) fails to comprehend the import of the suspension order," Collier wrote, branding Moncier a "danger" to the public if allowed to continue practicing law.
However, the ruling is not entirely accurate, if Kentucky court records are any indication.
Collier accused Moncier in the ruling of misconduct in filing a motion in a high-profile case in Kentucky asking a federal judge to step down from that case. Collier wrote that he "has been informed" by the Kentucky court that Moncier's motion was "an unethical attack on the court in a frivolous effort to disqualify that judge from presiding over the case."
Collier then cites as proof a small section of Kentucky U.S. District Judge William O. Bertelsman's ruling in which Bertelsman refused to step down from the case. That section does allege "serious ethical violations" committed by "attorneys" in the case.
A review of the entire ruling and all documents filed in the Kentucky case shows, however, that Bertelsman's chief complaint lay with an attorney representing an alleged co-conspirator of Moncier's client. A review of the entire case file shows that Moncier did not file the original request to have Bertelsman booted off the case. Instead, co-counsel O. Hale Almand Jr., a Kentucky lawyer, did so months ago.
An attorney for an alleged co-conspirator renewed the motion earlier this year with fresh allegations against Bertelsman that the judge since has deemed "outright misrepresentations." Almand, not Moncier, filed a motion asking to join in those new claims.
Moncier notified Bertelsman of Collier's suspension order the same day it was filed. He stepped down from that Kentucky case after a hearing before Bertelsman the next day.
Moncier's federal woes began with a confrontation between Moncier and Greeneville U.S. District Judge Ronnie Greer in November 2006. Greer, who was quizzing Moncier's client, told Moncier to keep quiet. Moncier asked to speak to his client. Greer ordered him detained and ultimately found him guilty of criminal contempt. That case is on appeal.
Months later, Collier initiated secret disbarment proceedings. The case was later unsealed at Moncier's request. On April 29, Collier ordered Moncier suspended from practicing federal law.
In his Friday ruling, Collier accused Moncier of lying to Bertelsman by failing to inform him months ago that Collier was seeking to strip Moncier of the right to practice federal law. Moncier contends he could not tell the judge because of the secrecy Collier employed.
"This is false," Collier wrote. "… the confidentiality of disciplinary proceedings only limits the court from disclosing the disciplinary action, not the attorney."
Moncier had sought a stay of Collier's ruling in order to remain as attorney for Julia Newman, who is accused of dealing drugs, in a Knoxville case tied to Scott West's marijuana conspiracy case. In his Friday decision, Collier said Moncier had no right to even ask.
"In the eyes of the bench and bar of the Eastern District of Tennessee, (Moncier) is no longer an attorney," Collier wrote. "He had no more authority to intervene in her case than a pedestrian selected off the street at random."
It couldn’t have happened to a better 99 percenter!
“legal misconduct, unethical behavior and even lying “
Sounds like my wifes divorce attorney, and a few others I’ve met, but truthfully, not all.
Yep the old saying what goes around comes around. His theatrics backfired this time.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.