Attorney Malpractice—When Absolute Power Corrupts Absolutely

March 2, 2017

According to MLive, Michigan Hudsonville Judge Kenneth Post in 2002 cited Attorney Scott Millard in Contempt and threw him in jail.  Attorney Millard in his 1st case was defending a 20 year old man for being a minor in possession.  Judge Post asked Millard’s client whether he had any recent drug use and Millard repeatedly advised his client not to answer as it violated his 5th amendment rights to self-incrimination.  This goes back and forth and finally Judge Post finds Attorney Millard in contempt and orders him to jail.

The contempt charge was appealed to Circuit Court, where it was reversed that day with the Attorney being let out of jail.  A complaint was filed with the Judicial Board of Conduct and the Judge was ultimately suspended for 30 days by the Michigan Supreme Court for this conduct. 

According to the Associated Press and the Las Vegas Review-Journal, in an even more bizarre case, Former Las Vegas Justice of the Peace was barred for life from serving as a judge in Nevada for ordering a defense attorney handcuffed in court and put in the corner of the court room and then sent her to jail for 6 months.   In addition to this incident, there are a number of court room incidents  where the Judge acted exceeded his authority that lead to his ultimate ban from being a Judge in Nevada. 

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