Judge left 'threatening' voice mail for defendant, says lawyer now seeking jurist's recusal
A Michigan judge who allegedly called a defendant at home when he missed a scheduled court hearing last week is now under fire from the man’s lawyer.
Attorney Joshua Blanchard says Hudsonville District Court Judge Kenneth Post called his client, Philip Andrew Mallery, 23, and left a voice mail about a half-hour after Mallery—who is facing drug and traffic charges—missed his arraignment. The caller identified himself as Judge Kenneth Post and told Mallery that his attorney was in court, along with the judge, waiting for him, according to a transcript of the message obtained by WOOD.
“We’re waiting for you because you’re supposed to be here today,” the message continues. “You missed a drug test yesterday, and it would appear as though you’re not coming today, so a bench warrant is being issued for your arrest. My strong suggestion is that you, uhhh, when you get this message you keep going because if I find you, it will not be pleasant. Have a good day.”
Blanchard filed a motion earlier this week seeking the judge’s recusal, based on the “threatening” phone message. The attorney, who did not explain why his client missed his arraignment, said Post did not know, when he made the call, why Mallery was not in court. “He doesn’t know if he had a car accident, flat tire, his wife died—he has no idea.”
Blanchard also filed a complaint with the Michigan Judicial Tenure Commission over the incident, MLive.com reported. Both news organizations tried unsuccessfully to reach Post for comment.
Another attorney from Blanchard’s law firm, Miel & Carr, made headlines in 2011 when he was jailed by Post after blocking the judge’s efforts to query his client about drug use.
The judge was suspended for 30 days over that incident.
See also:
ABAJournal.com: “Transcript: Told to Sit Down, Be Quiet, Lawyer Blocked Judge’s Drug Queries, Was Jailed for Contempt”
ABAJournal.com: “Judge is suspended for jailing lawyer who advised his client to plead the 5th”
