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Trials & Litigation

Bailiff Suspended After Handcuffing Well-Known Defense Lawyer

Posted Nov 4, 2009 12:52 PM CST
By Martha Neil

Asked to move—twice—by an Ocala court bailiff when he sat down in two separate areas reserved for inmates, a well-known Florida defense attorney apparently became a bit cranky.

Henry Ferro uttered what the Star-Banner describes as "a curse word" and left the courtroom. But the bailiff followed him out, telling Ferro that you "can't disrespect the court like that"—and handcuffed him and put him in a secure holding area at the Marion County Courthouse, the newspaper reports, relying on information from a sheriff's office spokesman.

Ferro was released a short time later by the bailiff's supervisors and returned to the courtroom, where he represented a client in a probation violation case. He declined to comment.

The judge wasn't in the courtroom during the incident with the bailiff, who has been suspended with pay while an investigation is conducted. Meanwhile, the sheriff's office has apologized to Ferro.

A former Miami-Dade Circuit Judge, Ferro has run unsuccessfully for the jobs of state attorney general and the Marion County circuit's state's attorney. He is in his mid-50s.

Comments

1.

Mac The Knife
Nov 4, 2009 2:34 PM CST

Only a judge has the authority to hold someone in contempt of court.  The bailiff clearly exceeded his authority and has opened up Ocala and himself to an unlawful imprisonment claim.  He clearly should face some form of disciplinary action.

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2.

Been There
Nov 5, 2009 12:02 PM CST

Agreed.

That being said, the proper course woudl have been to igather witness statements and nform the judge of what had occured.  Most judges appreciate that comtemptous conduct toward court clerks, reporters and bailiffs should not be tolerated any more than comtempt directed toward a judge.

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3.

Jim 2009-11-06-Fr 10:29 -0500
Nov 6, 2009 9:33 AM CST

# 2 BT: What if the attorney was commenting on the situation and not personally addressing the bailiff.
What if a clerk acts illegally and the “contempt” is at the act and not the clerk?

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4.

B. McLeod
Nov 7, 2009 1:37 AM CST

Then, this particular bailiff would probably only bitch-slap counsel, instead of handcuffing.

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5.

sarah hufault
Nov 14, 2009 9:16 AM CST

If you knew Henry Ferro he is CLASSIC for not following rules and when he is in court show NO respect for the court or others around him!

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