Legal Ethics
Judge Has Lawyer Handcuffed to Client, Jailed
Posted Jan 30, 2008 4:03 PM CST
By Molly McDonough
An Oklahoma judge jailed an attorney after accusing him of lying about his client hiding a witness in a domestic violence case.
Oklahoma County District Judge Twyla Mason Gray sentenced lawyer Derek Smith to four days in jail for contempt, the Oklahoman reports.
The 36-year-old lawyer was handcuffed to his client then led away.
The underlying case involves the trial of Jason Gregory, who is accused of assaulting his girlfriend, Brittany Jaspersen. The woman didn't show up in court Monday to testify in the case.
When Judge Gray asked if Smith talked to the victim about appearing, Smith told the judge he had no such conversation. But according to the Oklahoman, Jaspersen and Gregory now claim that Smith advised Jaspersen not to show up.
Smith reportedly told the judge that he only advised Gregory that his girlfriend couldn't be arrested if she didn't show up.
"It was my legal opinion,” Smith is quoted saying. "It was not my intention to secret her.”
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Comments
Neil
Jan 31, 2008 12:00 PM CST
I hope this does not become a trend, jailing lawyers who lie about their clients. Otherwise we will need a lot more jail space.
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Randy
Jan 31, 2008 4:01 PM CST
The question was whether or not he had a conversation with the witness. His response was that he told his client that the girlfriend/witness could not be arrested; that is not a lie, he answered the question posed to him truthfully. Troubling that the Judge talked to the witness and the client “in an out of court hearing” (as reported by a local paper) and believed the alleged abuser who was being tried for abuse and his girlfriend the victim; who more than likely saw the focus turning to them, over the attorney. Plus, conversations with the client about what could happen if the witness did not appear would be privileged. The judge’s conduct seems very inappropriate.
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