Constitutional Law

Federal judge threatens to hold immigration lawyer in contempt for leaking confidential document

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A New York lawyer has been ordered by a federal judge in California to show cause why he should not be held in contempt for leaking to the news media a proposed settlement (PDF) concerning mothers detained by the U.S. in an immigration case.

Bryan Johnson must appear in court in Los Angeles on July 27 to explain himself, ruled U.S. District Judge Dolly Gee last week. A May 12, 2015, confidentiality order signed by Johnson prohibited public disclosure of the settlement proposal, the judge explained, as well as an earlier tentative court ruling (PDF) she said the attorney also gave to the media. McClatchy, the news service to which Johnson reportedly provided the documents, has the story.

Gee said she didn’t pursue a potential contempt finding against Johnson concerning the draft ruling, because it had been discussed in open court and summarized in news coverage. “It appears that the court’s silence with regard to Mr. Johnson’s initial violation of the May 12, 2015, order has emboldened Mr. Johnson to continue to violate the court’s order,” Gee wrote.

Johnson told McClatchy last month that he felt duty-bound to make public what he believes are wrongful and even criminal federal detention policies concerning women and children held for months after allegedly entering the U.S. unlawfully.

A suicide attempt by a detained client who was then deported without being allowed to speak to her counsel or see her 4-year-old son pushed him over the edge, he said.

Related coverage:

McClatchy: “Federal officials investigate deportation of teen mom who attempted suicide”

ABA Journal: “Lawyers and judges face hurdles in struggle to cope with influx of young immigrants”

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