Scott Millard needs to win an award, because he took a bullet. Judge Kenneth Post, on the other hand, is a disgrace. Via WoodTV, Millard was before Post in Hudsonville, Michigan, district court when the fine judge decided that he no longer liked the whole constitutional thing anymore.
JUDGE POST: (to the defendant) When they give you a drug test today, are you going to be clean or dirty?
MILLARD: (My client) is going to stand mute to that question, your honor.
POST: He’s not going to stand mute. He’s either going to answer the question or I’m going to remand him to jail.
MILLARD: Your honor –
POST: You can have a seat.
MILLARD: Your honor, I’m –
POST: Sit down.
MILLARD: I’m Counsel, your honor.
POST: I’m encouraged. Both of you sit down.
MILLARD: I’m his attorney, your honor.
POST: I’m encouraged.
MILLARD: (My client) has a 5th Amendment right.
POST: Counsel, I’m setting bond. There’s two ways we can do this. I can give him 30 days from the date that he last used to be clean, or I’ll remand him to jail until such time as he’s clean and then we’ll go from there.
MILLARD: And I –
POST: Would you please be quiet? I really appreciate that. Thank you.
MILLARD: I apologize.
POST: (to the defendant) When was the last time that you used controlled substances? Let me have the date please.
MILLARD: Your honor, (my client) has a 5th Amendment –
POST: I’m not charging him with using controlled substance, Counsel. He’s not charged with that charge. I’m interested in getting a clean, honest bond response. Now, if you don’t want to do that, you can leave. Your call.
MILLARD: (My client) has a 6th Amendment right to assist, effective assistance of counsel.
POST: That’s right. And that’s not what he’s getting at the moment.
MILLARD: Your honor, I strongly disagree with that.
POST: I’m glad.
MILLARD: I’ve been nothing but respectful and I will always be respectful to the bench.
POST: Then would you please let him answer my questions?
MILLARD: (My client) has a 5th Amendment right not to make admissions, and, your honor, the manner in which this proceeding is being conducted, strongly has the, at least I’m getting the sense that it threatens to tread on that 5th Amendment right.
The judge and the attorney went back and forth for a bit on the 5th Amendment, the court’s ability to order drug testing and the attorney’s suggestion to set a date for his client to take a drug test. Then —
POST: I’m not interested in what you think. Haven’t you gotten that yet?
MILLARD: I have gotten that, and I… understand that, and your honor, the court fully, certainly has the right to not care what I say. How —
POST: Thank you. Then be quiet. … (Then, to the defendant) When was the last time that you, the date that you last used controlled substances, sir?
Millard interrupted and stopped his client from answering.
POST: One more word, and I’m going to hold you in contempt.
Soon after, as Millard continued to bring up the constitutional protections his client had, Post cited him in contempt and fined him $100. Millard continued to speak up on his client’s behalf.
Every once in a while, a story like this, of an attorney who was given a choice of whether to risk his own skin or sacrifice his client, comes along. Few lawyers will show the guts to take the contempt, to refuse to allow their clients to be bullied. They won’t sit down. They won’t shut up. They will take the bullet.
Awards are given out by criminal defense bar associations to lawyers who have the ability to fill a table with warm bodies. They should be given to lawyers like Scott Millard for having the guts to risk his own wonderful life in order to protect his client from a judge like Post. It may not be much, but Millard gets the Simple Justice Lawyer with Balls Award.
And Judge Kenneth Post, filled with self-importance and god-like power, wins nothing, and hopefully the powerful folks in Michigan will swiftly make certain that he is never in a position of power over anyone again. May he choke on his robes.
H/T Tim Farhill (the Australian one)
Update: As noted in Jim Majkowski’s comment below, somebody got 30 days for what happened here, and it wasn’t Scott Millard. Sometimes, the right thing happens, though one could rightfully question whether Post has any business being on any bench anywhere. Thanks to Jim for the update.
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That is fantastic, the type of thing I would like to imagine I would do should the occasion ever arise.
Your readers may like to know that, to boot, according to The Grand Rapids Press, the underlying charge against the client was Minor in Possession of Alcohol, which is not punishable by a jail sentence of any duration. So, the learned judge was threatening more jail for testing dirty before any bond condition was imposed than that available upon a finding of guilt.
Sorry if lots of others have shared this with you.
Sorry to use two posts, but the older I get the more I leave out. Hero Millard got worse than a $100 fine. From the Grand Rapids Press (per Mlive):
“For Stanton attorney Scott Millard, a scheduled court hearing Friday was to be a simple arraignment for a 20-year-old client on a minor-in-possession charge.
“It took only minutes before Millard was on his way to jail on a contempt charge, an order that left lawyers with Millard’s law firm crying foul.
“Hudsonville District Court Judge Ken Post sent the 29-year-old Millard to jail about 11 a.m. Friday after he reportedly advised his client not to answer questions about past drug use.
“Millard was out of the clink in about four hours after an Ottawa County Circuit Court judge granted an emergency stay on the contempt sentence.”
I hope some of those with clout recognize (positively) young Mr. Millard for his valor and zeal.
If this judge has a law degree, he has no excuse. And people wonder why my picture is in the dictionary next to ‘cynical.’
The mind boggles. I hope the contempt citation is appealed and this waste of oxygen in a black bedsheet gets a beatdown from higher in the form of a censure. And yes, if this an elected position he should be recalled.
From the Stanton Daily News: “The vehicle began to transport Millard to jail, when the driver received a call to turn around and return to the courthouse. Millard was again brought before the judge.
“The judge asked if I wanted to spend the weekend in jail,” Millard said. “I said, ‘No.’ The judge asked if I would instruct my client to answer the questions. I said, ‘Yes, I will instruct my client to answer your questions according to the law.’”
The judge apparently didn’t care for Millard’s response and sent him to jail.”
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Now THAT’S an award worth winning! Something to aspire to. I hope this kid (he’s 29, he’s still a kid) is in private practice – if so, this judge just guaranteed the financial solvency of his practice.
More deserving than, oh, say Morgy?
After much careful reflection, I’d have to say “yes” – but it was damn close.
It’s too bad the judge will have immunity. But yes, someone needs to turn up the heat on the (lack of) ethics of this judge.
I would just like to say that i went in front of Judge Post and his reputation proceeds him. I’ve seen him send my friend to jail simply because he got sent back to speak to the judge about the fines of a P.O.M charge 5 minutes before the judge’s lunch break.
I’m from West Michigan and have been following the news reports on Judge Post’s latest fiasco…Most people here know not to ever get charged with drug or alcohol offenses in Ottawa County because of this guys vendetta – his daughter was killed in an drunk driving accident years ago…
To me, it seems at the very least, a conflict of interest. I’ve met over 2 dozen people who have stepped foot before Judge Post with various charges and every alcohol related case such as a DUI or MIP was charged the fullest extent of the law. He explicitly denies first offenders any diversion program (that all other courts have) that would allow their first charge to be expunged. It’s obvious that he’s not offering diversion programs on a case by case basis like he should.
I would like to know (if there’s any public record) the amount of alcohol/drug cases he’s seen and how many of those he charged to the fullest extent. I’m no expert but I would think someone could compile that data? It would be interesting…
BTW: He won his last term completely unchallenged!!!
Michigan voters: PLEASE WAKE UP!
His daughter did not get killed in a drunk driving accident, that is a false rumor.
I grew up in Jenison and have been infront of this pour excuse for a judge a few times. He should of been removed years ago. After his daughter was killed by a drunk driver he takes it out on every person that he judges.
obviously the kid doesnt know the court rules, like MCR 6.106F(c), and his firm doesnt consider sending a competent court room attorney even for their MIP clients…. and he charges 175 an hour, a year outta school… lol guaranteed his solvency alright…lol
Michigan’s Judicial Tenure Commission took action against Judge Post. He was reprimanded and suspended 30 days without pay.
Here are two pertinent links
http://jtc.courts.mi.gov/downloads/FC90.CommissionD&R.pdf
http://jtc.courts.mi.gov/downloads/FC90.SCt.decision.pdf
[Ed. Note: Links included at my request, and much appreciated.]