Judge calls defense lawyer 'grossly incompetent' and removes her from murder case
A judge in Madison, Wisconsin, called a lawyer “grossly incompetent” on Wednesday and removed her as a defense lawyer in a murder case.
Judge Ellen Berz of Dane County said lawyer Sarah Clemment didn’t understand basic legal terms and concepts being discussed at a pretrial hearing for her client, Dennis Hassel, Madison.com reports. Hassel is accused of robbing and killing a man with whom he was romantically involved.
During the hearing, Berz asked Clemment about her responses to prosecution motions. According to the article, Clemment answered some of the questions, “I don’t know.” At one point, Clemment said a legal concept was “simple as apple pie,” but did not answer Berz’s question about it. Asked to cite legal authority, Clemment consulted her smartphone, Berz noted.
Berz concluded that Clemment violated state rules requiring legal competence, diligent representation of clients, and communication with clients, the Madison.com article says.
“Audacious,” Berz reportedly said. “It is audacious that you would handle any criminal case.”
Clemment’s website says she is an immigration lawyer. She agreed to a public reprimand in 2011 for her handling of a immigration case.
The immigration client had alleged Clemment said the final hearing in her case was on Jan. 31, 2008, but Clemment would not attend unless outstanding attorney fees were paid. Clemment denied telling the client the hearing was scheduled for Jan. 31.
The client paid the fees and Clemment and the client traveled together to the hearing on Jan. 31, according to the public reprimand. On arrival, they learned the hearing had been scheduled for the day before and the judge had denied asylum.
The court refused to reopen the case and Clemment filed a notice of appeal. She didn’t file the required notice entering her appearance, and did not file a brief, the reprimand said. When the client asked about the case in 2009, Clemment said the appeal had been denied, even though it was still pending, according to the reprimand.
Clemment did not immediately respond to the ABA Journal’s request for comment in an email. A woman who returned a call to the ABA Journal apparently hung up when informed of the purpose of the call.
