Legal Ethics

PD’s ‘Display of Personal Pique' Didn’t Warrant Sanction, Court Rules

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A public defender who told a judge he thought his bail ruling was “outrageous” didn’t deserve a criminal contempt finding and $100 sanction, a New Jersey appeals court has ruled.

Anderson Harkov had complained when a Hunterdon County judge set bail at $20,000 for a client charged with forgery who had been arrested twice before for failure to appear, reports MyCentralJersey.com.

Harkov mentioned the case when he was appearing before the judge with another client later the same day for sentencing, the story says. Harkov asked for an adjournment since “Your Honor seems to have some problem with me today,” and then complained about the bail.

After Judge Roger Mahon warned Harkov he would impose sanctions if he continued such behavior, Harkov replied. “I just thought the bail was outrageous, judge, but I’m moving on.” The judge then imposed the $100 sanction.

The appeals court said Harkov’s “display of personal pique,” was “not entirely professional or respectful,” but it didn’t rise to the level meriting criminal contempt.

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