Contempt Citation
From Judge Greer
Led To Sanctions
Knoxville attorney Herb Moncier has been banned from practicing law in the Eastern District of the federal court for five years.
The sanction, by Chief U.S. District Judge Curtis Collier, comes after Moncier was found guilty of professional misconduct (criminal contempt) during a November 2006 appearance before U.S. District Judge Ronnie Greer in Greeneville.
In the incident, Moncier continued talking during a hearing despite a judge's repeated order to keep quiet.
Moncier told WBIR-TV he has appealed the sanctions with the 6th U.S. Circuit Court of Appeals.
"I'm disappointed because I was performing my duty as best as I believed, and that the system of justice took it differently," Moncier said. "It's my sincere hope no criminal defense attorney practicing in the United States and representing clients will hesitate to do so because of the proceeding against me."
Judge Greer's Opinion
Judge Greer's opinion stemming from the Nov. 17, 2006, incident includes a conclusion that sets forth why he found Moncier guilty of contempt. It said:
"After considering this matter carefully and thoughtfully over the ensuing weeks, this Court has come to the regrettable and unfortunate conclusion that the proof establishes that Moncier is guilty beyond a reasonable doubt of criminal contempt ...
"The record in this case clearly establishes beyond a reasonable doubt that Moncier disobeyed the clear, unequivocal and lawful order of this Court and that he did so with the intent to obstruct the administration of justice and to interfere with the orderly conduct of this Court's proceedings on Nov. 17, 2006.
"While it would have been far easier and less time-consuming for this Court to ignore Moncier's contemptuous conduct, to do so would be to encourage disobedience to lawful court orders. ...
"The vast majority of lawyers vigorously represent their clients and understand that zealous representation of a criminal defendant does not include deliberate defiance of a judge's direct and explicit orders.
"Moncier's deliberate and continued interruption and argument with the rulings of the Court and his unprofessional and contumacious conduct must cease; otherwise, the Court surrenders control and independence of the proceedings to lawyers who 'equate contempt with courage.' This Court is unwilling to do so."
The judge's memorandum opinion said "the transcript of the Nov. 17 hearing establishes that Moncier had interrupted the Court no fewer than 14 times during the Nov.17 proceedings before the Court's order to Moncier to say not one more word (at which time Judge Greer ordered the attorney taken into custody).
"In addition, this case must also be considered in the context of Moncier's long experience in the defense of criminal cases in the federal courts.
"Moncier has practiced law for 38 years, and his actions of Nov. 17, 2006, cannot be viewed as the innocent mistake of a young, inexperienced lawyer or as an aberrant act," Judge Greer wrote.
Moncier has current cases pending before the court.
The Knoxville attorney has been involved in several high-profile cases in past years.