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Legal Ethics

Chicago Judge Jails Lawyer Overnight; Attorney Says Draft Order Set Him Off

Posted May 1, 2009 4:15 PM CST
By Martha Neil

A child support hearing in Chicago last week reportedly ended with an attorney for one of the parties being hauled off to spend the night in the Cook County Jail, after the judge objected to the manner in which she had written up his decision-making in a draft order.

Nancy Murphy, 51, says she is mystified about why Cook County Associate Judge Mark Lopez held her in civil contempt and ordered her to be taken into custody and jailed at the conclusion of the April 22 hearing, according to FOX News and the Chicago Sun-Times.

She was handcuffed, strip-searched and insulted by jail guards before being released the next day, recounts Murphy, who said she is still shaken up by the experience as she told her story to the news media late this week. "I felt like I was in a movie. ... I just was in shock,” she tells FOX News.

In an order, Lopez states that "ignoring this court['s] direct instruction" about what to include in a draft order she wrote for him to sign was the reason for her jailing, reports the Sun-Times.

Lawyers in Cook County customarily fill out handwritten court order forms at the conclusion of hearings and present them to the judge for signature. Murphy says she wrote up an order saying that the case was rescheduled for a July 9 hearing, according to the newspaper.

Neither Lopez nor judges in charge of the court have told their side of the story. Cook County Chief Judge Timothy Evans says he is barred by legal ethics rules from discussing the incident, and Lopez and the judge in charge of the domestic relations division didn't respond to requests for comment, the newspaper reports. Meanwhile, an unidentified domestic relations lawyer described Lopez as courteous and "extremely professional."

Observers note that it is very unusual for a judge to jail a lawyer concerning a drafting issue.

Comments

1.

B. McLeod
May 1, 2009 5:11 PM CST

I am sure more facts will come out that eventually explain the court’s reaction (such as, perhaps, that the rescheduling order was supposed to contain some additional provisions to ensure the case would be ready to proceed on the new date).  The strip search and any insults by jail staff are really jail issues, independent of the contempt order.  Obviously, the domestic judges do not set jail search policy, and the court would not have told (or wanted) the guards to insult Ms. Murphy.

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2.

Toulani
May 1, 2009 5:41 PM CST

Judge Lopez has been looking the other way for over 5 years in what should have been a simple child support hearing.  The father has been in contempt over and over however he has never been jailed.  U really have to wonder is there something going on under the table.  Moms have to be able to feed there children.  The court system has not been fair.

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3.

Right To Remain Silent
May 1, 2009 6:50 PM CST

Check out the Chicago and Gary Crusader Newspaper, dated 5/2/2009, under the Nosey section for the article “DEADBEAT” which goes into more detail on why Atty Murphy was in court in the 1st place.  Deadbeat parents must be held accountable not the attorney.

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4.

Judge needs to go
May 2, 2009 12:20 AM CST

Something stinks here. Need to check the relationship between the judge and the deadbeat. Cook County has a long tradition of political/judicialcorruption. County judges are nearly all hacks, nominated by the City’s Democratic Machine.

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5.

CJ
May 2, 2009 12:50 AM CST

Contempt is a BS charge that should NEVER be applied to lawyers in the context of a judge not agreeing to what a lawyer is doing.  The judge can
- dismiss the case
- order sanctions if warranted
- find for the other party
- file an ethics complaint against the lawyer if he really breaks the rules…

but sending a lawyer to jail.  I don’t care what the lawyer did short of committing a crime in front of the judge, subjecting Ms. Murphy to what she went through should result in this judge disbarment.  Had Ms. Murphy assaulted the judge, she would have at least got a modicum of due process.  Instead she’s at the whim of Judge Lopez’s male PMS.

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6.

Single Mom
May 2, 2009 6:30 AM CST

This is past outrageous.  CJ raised an excellent point regarding money being exchanged between judge and the deadbeat.  There seems to be no excuse.  And why hasn’t the judge made any comments.  This is so interesting.  I wonder what the attorneys client has to say about this because while following this travesty I discovered that this Mom has been in court with this same judge for over 5 years.  What is up with that?????????

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7.

lawyer & parent
May 2, 2009 3:45 PM CST

I agree with CJ’s comment, #5.  Sending a lawyer to jail is really a preposterous reaction to what sounds like a more-or-less routine courtroom disagreement.  Even in the most extreme cases of lawyer misbehavior, in cases where the lawyer blatantly disobeys the judge’s direct order, we should still have due process.

The result is a terrible chilling effect on lawyers (especially ones situated like me—I have two young kids and not a lot of back-up or support, if I were to be taken into custody.  If I was in Ms. Murphy’s shoes, my kids might have gone to Child Protective Services because I wasn’t able to pick them up that night.) 

I sure hope we hear more about this story.

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8.

nancy murphy
May 2, 2009 9:33 PM CST

I am the lawyer,  Nothing was written other than the minimam of what was necessary in the order.  just facts, no findings.  dates and stipulations. I do not get it.  More should come of it.  I did not even speak on that day other than some objections.  My mom clilent did not speak.  there was not a verdict/result.  There was simply a continuance on the whole case.  No raised voices, no contemptuous behaviour, nothing.  Since this is the ABA Journal, I needed to set the record straight.  As to people’s comments about what happened to me, Judge Lopez certainly could have forseen what would happen to me at the worst jail in the county/country.  I dont buy that argument that he would not know what i might go through.  Imagine the culmination of your worst prison movies and add some.  As days go on, I am saddened more about what happened and have no reason as to why.  I do not think there is a reason.  What reason could there be?  There is no history, I did not swear, no names, no tantrum on the floor, no shouting, I wore one of my best suits.  Can you imagine how many times I go over that day and night?  I have nightmares.  I agree with Lawyer (7) except there was no disagreement.  There was no misbehavior.  I did nothing to deserve what happened to me.  At least a criminal would have an attorney and bail and an option, I had none.  I begged him to let me attend my 7year old’s teacher meeting.  He said nothing and I was taken away.  No explaination.  My client told me to look at this site.  She wonders why her husband who owes her so much in back support admittedly is walking around coming to chicago from Georgia for hearings every few months.  This matter is public record and I have not said anything that hasnt been stated in open court.  By the way, my contempt finding and the order i wrote was in open court and had nothing to do with the ongoing case or findings in the case.  I wish there were an explanation.  There is not.  I was respectful and i respected this Jurist.  I am mindful of the respect i should give judges at all times.  I thank everyone, friends, lawyers, colleagues and all the Judges who have called and sent flowers and sent their support.  I do not believe i will post again,  Nothing personal, just painful, Nancy

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9.

df
May 2, 2009 10:52 PM CST

At a minimum, no-one should be jailed for contempt unless a reason is given. Even if for the sake of argument the lawyer did something contumacious, jailing people without reason (saying “contempt” without more is not in my view a reason) is ridiculous. A little power is a dangerous thing…to some judges, anyway.

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10.

Confused
May 3, 2009 10:51 AM CST

WOW WHAT ABOUT THE TWO CHILDREN

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11.

SADDEN
May 3, 2009 10:56 AM CST

How does such a thing happen I read somewhere this poor single mother has been going back and fourth to court since 2004-2009 why would he rather pay a lawyer and plane fare instead of takew care of his children you one would think his wife being an educator wouldn’t go along and help him do such a thing.

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12.

should have gone to law school
May 3, 2009 10:57 AM CST

If she going back and fourth to court I pray they make that DEADBEAT DAD HAS TO PAY HER attorneys fees.

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13.

Can't believe what I am Reading
May 3, 2009 11:09 AM CST

Could it be since his lawyer was able to talk and her client only.  But the poor single mom never was able to talk nor was her lawyer because he shhhhhhhhhh her and told her stop talking then jumped up said he was tired and said continuance ONCE AGAIN how are these poor children supose to eat. She’s in court every other month for hours and paying her lawyer as the ex husband was in contempt and has been numerous times for years that day the Honarable Judge Lopez arrested the lawyer he walked a free man he walked over to ex wife and laughed in her face stroll his suit case out and flew off to play golf course as he so often does at country club where his parents live. The DEADBEAT DAD moved away may 2004 gave kids 3 day notice. since then has remarried bought his step son a brand new car but wont pay child support sounds really sad. How does he or his lawyer sleep at night?

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14.

K.
May 3, 2009 1:01 PM CST

Dear Nancy Murphy,

Thank you for posting.  I want to offer my sincere condolences and moral support to you for what you’ve been through (and are still going through). 

Please submit this issue to whatever body it is in Illinois that oversees Judges’ conduct. 

I don’t think I can do much, but as another lawyer (and mother) I am concerned and would do anything I could.

Best regards, and best wishes for a positive outcome for both you and your client.

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15.

Steveross2009
May 3, 2009 10:23 PM CST

Something seems wrong about the reporting of this story.  Reporters with no court or legal experience often bungle stories such as this. 

My field is primarily personal injury law and I haven’t done any family law work in over 15 years.  Nevertheless some generalizations are apt. 

First, while judges or law secretaries frequently have the litigating attornies fill out the orders for them to sign, generally the “winner” of a motion or hearing fills out an order.  In my 18 years of practice I’ve nver seen the loser of a round in court told to fill out an order.  If an exparte application is denied, the court and not the losing attorney writes the order.  Second, usually except when the losing side defaults, both attorneys read the proposed order before it is presented to the court for signature.  This gives both sides the opportunity to prevent anything sneaky.

It is no doubt true that the judge was furious at the attorney for some percieved reason and the attorney very well may be genuinely mistified by the judge’s fury.  Nevertheless apart from that, the story must be innaccurate in some major way.

There are no shortage of self imporant and nasty jurists (althouhg most act at least somewhat profesional).  However in my experience even the worst scoundrels on the bench rarely hold attorneys in comtempt and when they do, the attorney is always warned first.  The main things that get people held in contempt are perceived disrespect of the court’s authority or percieved bad faith.  But as long as the language is clean and respectful, even the worst judges allow everyone to have at least some say and when they have heard enough courts always warn someone before slapping them with contempt.  They also generally warn attorneys about other innappropriate actions at least once before slapping anyone with contempt. 

Probably the reporter got the story about what the contempt was about completely wrong, apart from the judge claiming that the attorney disregarded his direct instruction about something was to be done.  Probably that instruction involed something other than the draft order even though this story might have seemed straight forward to the non-lawyer reporter.  After the fact, if the attorney felt aggrieved or embarrassed, she was not about to correct any innacurate part of this story that made the judge look bad.

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16.

deb pedersdotter
May 4, 2009 10:39 AM CST

I have long perceived that judges have enormous power and, with minimal oversight, it is not unheard of for them to weild it in unfair and/or inappropriate ways.  Regardless os what infraction or grievous sin Nancy Murphy is supposed to have committed, the idea that a practicing lawyer could, at any moment, be taken from a court room to a jail cell without warning, without even KNOWING why, and without recourse, is beyond chilling.  I truly cannot conceive of an excuse or reason good enough to prevent Judge Lopez’s immediate removal from the bench.  Period.  Talk about undermining confidence in the bench!  The local bar should join in solidarity and REFUSE to appear in his court room for any reason, insisting that he be removed and replaced.

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17.

Ohio guy (JAG, CALWP)
May 4, 2009 4:34 PM CST

Does IL have a procedure wherein the judge can issue an order for the attorney to show cause why he/she should not be held in contempt? At least in this case the attorney would know what it was that she allegedly did “wrong” and would have had time to obtain an attorney to represent her.

ADVANTAGE: The judge has time to “cool down.”

The case sounds worse than “n re Oliver, 333 U.S. 257 (1948) as in “... this won’t hurt. did it?”

JADOG@Safe-mail.net
2009-05-04-2 1834 -0400

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18.

moose
May 5, 2009 1:30 AM CST

I think nancy just wants publicity.  Why dont u go back to work and stop wasting ur time blogging

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19.

Sinister eyebrow
May 5, 2009 6:49 AM CST

Here in NC all court proceedings are recorded.  I think most courts follow something similar.  Why doesn’t the intrepid reported just get the transcript/recording of the hearing.  It would clear everything up.

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20.

AnotherChicagoMom
May 6, 2009 3:43 PM CST

I have been before Judge Lopez many times over the past 4 years trying to get my parenting agreement upheld. I have never seen a penny of support from my daughter’s father. No health insurance, no expenses, nothing.

I hate to say it, but what the Sun Times should really report are how many support payment cases there are in Lopez’s court and find out why he’s not enforcing them. My ex bragged to me that his attorney considered it a super sweet luck of the draw that we got Lopez because he knew I’d spend years in court and thousands of dollars to get any support payments and eventually just give up.

Heartbreaking.

That said, as I understand it, Ms. Murphy allegedly did not follow the exact outcome of the hearing in her draft to the court. This is common practice among lawyers. It’s this no-harm-no-foul attitude that if they can sneak one last condition in and it gets signed off on, they’ve gained one more inch without having to work for it. I sincerely cannot think of one single draft that my ex’s attorney drew up that didn’t have some B.S. condition in it that he threw in “for good measure”.

Ms. Murphy just got popped for what happens in there all the time. And if she felt that being held up as an example for her peers was upsetting, caused her to be distressed and physically ill, she should try being on the other end of her own stick. The emotional distress she experienced for a short while is nothing compared to what the parents in that court feel every day over years and years.

While I don’t always agree with Judge Lopez, I do firmly believe that any lawyer practicing in that court for 20 years is WAY off the path just by virtue of how long they’ve been working in the system. They all use the same dirty tricks and somehow I don’t buy the wide-eyed doe routine that Ms. Murphy is putting out there. Judge Lopez is very buttoned-down when it comes to paperwork. If she was jailed, I’m betting it was long overdue.

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21.

AnotherChicagoMom
May 6, 2009 3:48 PM CST

Sinister eyebrow,

Lopez does not have a reporter or recorder in the courtroom. To my knowledge, none of the Cook County domestic courts do unless the attorney’s provide their own.

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22.

Bob D
May 14, 2009 9:29 AM CST

This attorney is crying like Nancy Kerrigan.  (Horribly 1 sided article by the Sun-Times by the way…no facts, just a big pity party for the attorney).  I just have to laugh.  I feel no sympathy for her.  I’d compare a divorce attorney to a used car salesman, except that it would be insulting to the used car salesman.  When an attorney puts the wrong things on an order (by omission or flat out lies), and it has to be corrected later, guess who gets billed for the extra hours of the attorney’s time?  An attorney gets paid more by their client every time they screw up something.  And the clients in these cases are parents who are already struggling to meet their obligations as parents.
Heck, I bet she sat in the cell and tried to figure out how to bill her client for 24 hrs at $200 per hour. 
As a person who’s spent a lot of time in the meat-grinder of the family court system, I wish that all judges out there would take a hard stand against these brain-dead lawyers who disregard the judges orders and stretch out the proceedings for their own monetary benefit.  Give them all a week in the pokey for each violation and you’d see a more streamlined process.  She should be very thankful that she only got 1 night.

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