Liner v. State

WILNER, Judge. Jay L. Liner, appellant, is a member of the Bar of this State. On September 20, 1984, while serving as counsel for Lamont Patton, he was found guilty by Judge Kenneth L. Johnson of the Circuit Court for Baltimore City of three separate acts of direct criminal contempt of court, for which he was temporarily jailed and ultimately fined a total of $300. Mr. Liner has appealed from those judgments of contempt.

There is no adequate way to summarize what occurred in court that September day. The record itself must be read. By way of preface, it appears that Mr. Liner’s client, who had an extensive juvenile and criminal record, had pled guilty to some assault-type offenses, the precise nature of which is not in the record before us. At a disposition hearing held on September 7, 1984, before Judge Johnson, Patton, exercising his right of allocution, made a lengthy address to the court.

He was reading a prepared statement. At about 9:55 a.m., when Patton had but three pages to go, the State’s Attorney passed a note to the judge in which he asked to be excused because he was due in another court. Over Mr. Liner’s objection, the judge interrupted Mr. Patton and adjourned the proceeding. ³⁸⁴ The matter was rescheduled for September 20, which apparently was the earliest date agreeable to the prosecutor, the court, and Mr. Liner. We now turn to the record for what occurred when the parties appeared in court that day: “THE COURT: Very well.

Mr. Patton, you were in the process of making a statement by way of allocution when the court had to allow the State’s Attorney to attend another hearing, which was required by the rules, and so if you could resume, if you wish, go right ahead. MR. LINER: Your Honor, if I may, I would like to make a preliminary statement on behalf of Mr. Patton. THE COURT: Why don’t you enter your appearance.

MR. LINER: My appearance has been entered. Jay L. Liner, 1300 Reisterstown Road. I am Mr. Patton’s attorney.

THE COURT: Go right ahead. MR. LINER: Thank you, Your Honor. Your Honor, obviously, you recall the circumstances of what happened in this matter when it was called for disposition.

Mr. Patton had prepared a very lengthy autobiographical statement about what had happened to him through his life, and what events had compelled him and led him to the involvement of this crime. I found it to be one of the most extraordinary things that I have ever witnessed as an attorney in the 12 years, to hear an eloquent plea such as that, and quite frankly, I was very moved by the intensity and the delivery of this gentleman. At the time, if you recall, he was well into the statement. He had started approximately a quarter of 10:00 [.sic\ and was reading continuously for over an hour.

He was exactly 3 pages from the end of the statement, and I felt, under the circumstances, that the State’s Attorney’s request to you to break the court at the time was improper. ³⁸⁵ I raised an objection at that time, and you instructed me to sit down. I understand the State’s Attorney had obligations. I had an obligation also, but under the circumstances what was going on here, in this court, to me took priority over anything. I have given this situation a long, hard thought about Mr. Patton, and everything else, and my conscience calls for me to move for a mistrial on this case, Your Honor.

I honestly believe that the impact of what he was doing at the time has now been lost. Under any circumstances, the importance of the time and preparation he had made in making this statement, and the eloquence of it has been basically worn off due to the continuance in the matter, and I don’t think, under the circumstances, not that I am showing any disrespect for the court or disregard for the court’s feelings, I think, under the circumstances, I honestly have doubts in my mind whether the extraordinary circumstances that Mr. Patton had spoken about in his life and the moving speech about his finding religion and his sincerity, if you remember the court at one time had quoted the bible to Mr. Patton, and I felt even you were really moved and swayed by this speech. And I just don’t see coming back 2 weeks later and finishing up the last 3 pages how, under any circumstances, that is going to benefit Mr. Patton. I am asking the court to strike the guilty plea and put this matter back in under the general trial docket, and give Mr. Patton a clean opportunity here to request whatever, you know, his probation or whatever before a new trial under new circumstances.

I think it is a fair request. THE COURT: Are you finished? Have a seat. MR.

LINER: Your Honor, am I going to get an answer to my request? THE COURT: Sheriff, stand over there by this lawyer, would you. Sit down, now. ³⁸⁶ (Mr. Liner still standing.) Take him out, Sheriff. You are in contempt.

Put the cuffs on him and take him to the lock-up. MR. LINER: May I make a statement for the record? THE COURT: Sheriff, would you take this man out here, please.

I told you to sit down twice, and you wouldn’t do it. You are in contempt and we will deal with you later. Take him away. Right now.

(Mr. Liner was removed from the courtroom.) THE COURT: Mr. Peed, take the inmate back, please. The proceedings will be continued at a later time. Mr. Doan [Assistant State’s Attorney], you are excused for now.” The proceeding resumed about an hour later. We pick up what occurred from the record: “THE COURT: Mr. Lenor (sic), 1 would you step forward.

Where is the defendant? Step up to the table, Mr. Patton. This is the continued proceeding of State v. Patton, and we started the sentencing proceeding this morning and w[ere] interrupted by Mr. Lenor’s refusal to obey an order of this court to be seated, and the court could not perform its function and, therefore, had to ask that Mr. Lenor be taken down to the lock-up, hopefully to give him time to cool off so that the court could go and continue its function, and Mr. Lenor was held in contempt of this court by refusing to do so. Now, Mr. Lenor, at the last hearing we had, which was on the 7th day of September, 1984, as was indicated, Mr. Patton was making a speech, which had gone on for approximately an hour.

The rules of this court require that attorneys be allowed to leave at 5 ³⁸⁷ minutes of 10:00 each morning, so that they can go to other courts. This judge did not make that rule, and this judge is bound by that rule, and so are you. 2 I overruled your objection at that time, and that was the reason why I did it, because I was not free to disobey a rule of this court; just as you or Mr. Doan or anybody else [are] not free to disobey one, neither is the judge. This morning I called upon Mr. Patton to continue his statement. You interrupted, which was fine, and you wanted to make a preliminary statement, and I allowed you to make that preliminary statement, after which I asked you to please be seated.

You refused to do so, and insisted upon the court making a ruling on your motion, which was the subject of your preliminary statement, for mistrial, as I understand it, or to allow him to withdraw his plea. You don’t have the option of telling the court when to rule in this case; you have to do as you are told. You had all the time you wished to make the statement, and I asked you were you completed, and this court has to be in charge of what the next step is. Now, I hope you will abide by those terms, but just to insure that you can, you are hereby fined the sum of $100.00 for contempt of court, and I am doing that so that you will not obstruct any further these sentencing proceedings.

Do you understand? MR. LINER: I understand the court’s decision. THE COURT: Good.

Now, sit down. MR. LINER: May I be allowed to make a statement? THE COURT: Contempt of court, $100.00 and that is consecutive with the last $100.00 that I gave you.

Now, sit down. ³⁸⁸ MR. LINER: Your Honor, may I speak to my client? THE COURT: Contempt of court, and that is consecutive with the last two I have given you. Now, sit down.

The next time will be a jail term. Mr. Patton, you have a statement that you were making when we left here on the 7th day of September, 1984. Would you like, sir, to continue your statement?” Patton responded in the affirmative and then continued with his allocution, following which the court imposed sentence. The judge then returned to the matter of Mr. Liner: “THE COURT: Mr. Lenor, do you have your $300.00?

MR. LINER: No, I do not, Judge. THE COURT: When can you get it? MR.

LINER: I guess I have to go get my checkbook. THE COURT: How long will it take you to go get it? MS. MERVIS: Lisa Mervis, Jay Liner’s law partner, law firm of Cohen, Benter, Liner, Carter and Mervis.

We will post the $300.00. THE COURT: Wait a minute, ma’am. You have no say in this. It’s not 'we.’ I don’t know who you are, don’t care, and you just busted in and blurted out the statement.

Now, you turn around and you go out that door, and don’t you come back and don’t say anything. Sheriff. Now, when can you have the money here, to the sheriff? MR.

LINER: Your Honor, I can have the money hereby the close of business today. THE COURT: I want it, a certified check or a money order. MR. LINER: I understand that.

THE COURT: To the sheriff, $300.00, before 4:30. MR. LINER: I understand that. ³⁸⁹ THE COURT: All right. That is a condition under which you will be released.

If you don’t, then I am going to put you in jail. MR. LINER: Or cash, certified check, money order or cash? THE COURT: The cash was your suggestion, but that is not a law.

It is certified cheek or money order. MR. LINER: I