Tennessee attorney Moncier suspended from federal practice
If you disagree with the judge, you lose. Not just the argument, but your freedom, your ability to practice law, and your livelihood?
Apparently the AUSA and U.S. District Judge Ronnie Greer, in November 2006, felt that federal defense attorney Herbert S. Moncier had a conflict of interest in representation of multiple clients. The accusation was that Moncier represented an accused but uncharged cocaine trafficker and also represented persons who the AUSA wanted to provide information on client 1. The judge was questioning Moncier's client 2 about the conflict of interest.
Moncier objected, asking Greer to allow an independent attorney to advise the client before answering any of the judge's questions. Greer told Moncier to keep quiet. Moncier then asked to speak to his client. Greer ordered him detained and ultimately deemed Moncier in contempt of court.
Now, based on the November 2006 incident, Chief U.S. District Judge Curtis L. Collier has suspended Moncier from practicing federal law in the Eastern District of Tennessee, which ultimately could have the effect of shutting down Moncier's legal practice. Moncier is quoted in the article as saying:
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," Moncier said. "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.
There are competing interests, of course. There is no doubt that a judge must maintain order and professionalism in the courtroom. In my mind there is also no doubt that every attorney must aggressively pursue his clients interests and sometimes that means challenging the bench. The Court's ruling must be accepted once final, but objections must be made, and the record has to be preserved. The right of a defendant to seek counsel from his attorney, even while standing before the judge, I thought was inviolate.
The opinion can be found here.
