If a judge is mad enough at a defense attorney and says he wants to hold counsel in contempt for repeatedly missing court-ordered appearances and trial dates, failing to conduct requested discovery, and even lying about the reasons, who presents evidence? Is there a pleading filed? How is all that handled?

My judge thinks my office should do the research, file an action and present evidence to him for a ruling. I've never come across this before, but I know it has happened. I have read about attorneys being held in contempt, just don't know the mechanics.

Feel free to respond here or email me directly.

Thanks

My judge made no bones about threatening contempt on an attorney in a similar situation and doing it himself without our input. I was shocked when he didn't.

Technically a contempt hearing is completely the judge's responsibility, because it's all based in the efficient management of the court. But practically speaking, the local prosecutor is frequently asked to serve as the judge's attorney and handle actually putting on the evidence.

Yes, the judge is responsible for pressing the contempt. We recently had one of our judges press such a matter. The judge consulted with me, and I expressed that I thought it was more appropriate for the judge to appoint a special prosecutor, who I would be glad to assist in the process.

The judge appointed a local attorney and asked for a visiting judge to be assigned by the administrative judge. The local attorney drew up a petition, alleging the contemptuous conduct. The defense attorney was served with the petition and a hearing was set.

The defense attorney hired a lawyer. We all met and tried to work out an agreed judgment. We couldn't agree, so a hearing was held and evidence was presented. The defense attorney testified, admitting most everything.

The judge found the lawyer in contempt of court and assessed a punishment, probating it (except for the fine), so long as the lawyer worked with the State Bar on some issues (including alcoholism).

The lawyer, I believe, failed to follow up as agreed. A sort of motion to revoke was filed. Another hearing was scheduled, although I didn't attend and don't know how that came out.

So, there you have it. I will e-mail to you the name and contact information for the local lawyer who handled it. I am sure he would be glad to share his forms and research.

Looks like someone else is about to find out how contempt hearings work ...


Man detained briefly while representing DWI client.

By Steven Kreytak
AUSTIN AMERICAN-STATESMAN STAFF
Friday, March 21, 2008

An Austin defense lawyer was jailed last week after being accused of making a lewd gesture at a judge while in court representing a client on charges of driving while intoxicated.

Adam Reposa, 33, was held in contempt of court by County-Court-at-Law Judge Jan Breland for his "intentional and contumacious conduct during the court's review of the plea bargain offer to his client before jury trial."

To read the rest of the article, and to find out what the attorney did, click here:

http://www.statesman.com/news/content/news/stories/local/03/21/0321reposa.html

This is just a very messy area. Look at Section 21.002 of the Gov't Code. Also check out In re Dotson, 76 S.W.3d 393 (Tex. Crim. App. 2002) for some background stuff.

I sometimes wonder if Section 21.002 hasn't conflated a couple of different concepts.

This from a local TV station story:

When Reposa's law office was contacted by phone, the person answering said she was instructed by Reposa to tell the media a vulgarity, which won't be printed here.

Dan, I would recommend you speak to Fred Felcman, the First Assistant at Fort Bend. Main # 281-341-4460. He has experience handling cases where a court holds an attorney in contempt.

Thanks for all the good suggestions. TDCAA has been a wealth of information as well. Now all I have to do is read it all and decide on the next move.

Dan, once you have finished your review, you should sumbit an article for the Prosecutor magazine on the subject.

Ken, TDCAA is one step ahead of you. One of the items provided to Dan is a draft article on contempt that will likely appear in the May/June issue of the Texas Prosecutor.

How's that for service?

One step ahead, as always!

Defense lawyer found guilty in contempt case over gesture

Reposa said the gesture was directed at opposing counsel, not judge.
By Steven Kreytak
AMERICAN-STATESMAN STAFF

Tuesday, April 15, 2008

An Austin defense lawyer accused of making a lewd gesture at a judge last month was found guilty of contempt of court Tuesday.


Details.

"Reposa -- who identifies himself as Adam "Bulletproof" Reposa on the State Bar of Texas Web site -- was found in contempt at the conclusion of a more than four-hour trial April 15."

"Bulletproof"?!?

Leaving aside the fact that only loners, OG-wannabes, and professional wrestlers give themselves nicknames, isn't a nickname supposed to bear some resemblance to the person so named? As near as I can tell, "bulletproof" is neither literally nor figuratively accurate after this conviction.

[This message was edited by Shannon Edmonds on 04-16-08 at .]

Well, as numerous blog-taters have noted, he may in fact be bullet proof but he is not contempt proof.

What a waste of time and money.

Blogtaters?

Has anyone noticed the similarity of the word "blog" to the word "blah," as in "blah blah blah blah blah . . ." It just hit me and I had a fit of the giggles.

Of course, that is what most people hear when they listen to me: "The court held blah blah blah . . . The standard of review is blah blah blah . . . Applying the proper 3-prong test blah blah blah . . ." Sigh.

[This message was edited by JohnR on 04-17-08 at .]

I'm sorry, what were you talking about?