Friday, January 15, 2016

#MichiganValues - contempt of court for legal advice on constitutional rights, and a judge with a compulsion to chase clients of attorneys who stand up to him

This one is close to my heart, because I am an attorney suspended for making constitutional argument on behalf of my clients, and asking a corrupt judge to recuse in motions, not admitting that my actions constituted misconduct and not expressing remorse for doing my duty for my clients.

This episode happened 5 years ago.

A judge sent a criminal defense attorney to jail for contempt of court.

The contempt of court was attorney's legal advice to his client NOT to answer the judge's inquiry about the defendant's recent drug use because that would violate the client's 5th Amendment right against compelled self-incrimination.

I recently wrote about such a scheme done through a drug-counseling court orders in New York, in collusion between judges of Westchester County courts and Westchester County DA and now candidate for Chief Judge of New York State Court of Appeals Janet DiFiore.

That was also compelled self-incrimination.  I was the only one in a large courtroom packed with people and packed with other attorneys - who protested on the basis that such an order compelling my client to speak of his alleged drug use, is a violation of his 5th Amendment rights.

I was not sent to jail.

Michigan attorney Scott Millard was.

The judge who did that to him - judge Kenneth Post - got a 30-day suspension in 2013 and public censure.  That is all.

And you know what Judge Kenneth Post did in 2015, "coincidentally", to the client of the same law firm whose attorney Scott Millard he threw in jail in 2011 for doing his job?

Judge Kenneth Post personally called a represented criminal defendant (a no-no) and left for him a threatening voice-mail.

Attorney Blanchard, the same attorney on whose complaint Judge Post was suspended the last time, filed another complaint against Judge Post.

It is clear that nothing short of removal will work with this judge, he is stone-deaf to notions of propriety.

I wonder what Judge Post will do to future clients of Mr. Blanchard - murder them?

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