Magistrate Recommends Discipline for Talkative Defense Lawyer
A federal magistrate has recommended discipline for a Knoxville defense lawyer who continued to talk after a federal judge ordered him to keep quiet.
Magistrate Susan Kerr Lee recommended “appropriate discipline” for lawyer Herbert Moncier because of his conduct in November 2006, the Chattanoogan.com reports. She said he has had many conflicts over the years with the courts but was capable of controlling himself.
Moncier was already found guilty of contempt for the 2006 incident and fined $5,000. He was also ordered to undergo ethics and anger management training and referred to the state Board of Professional Responsibility.
U.S. District Judge Ronnie Greer of Greeneville, Tenn., imposed the punishment, but a different federal judge, Curtis Collier of Chattanooga, asked the magistrate to look into the incident and make recommendations. Lee’s report will be forwarded to Collier for action.
Collier acted under a rule adopted only in the Eastern District of Tennessee allowing judges to initiate disbarment proceedings and take action in secret, the Knoxville News Sentinel reports. The case was opened to the public after Moncier sought to open the hearing and the newspaper made an inquiry.
Moncier claims he is being subjected to double jeopardy with cases before both the professional discipline body and the court. Several lawyers filed affidavits on his behalf, saying disciplinary action would chill other lawyers zealously advocating for their clients.
A 2007 profile of Moncier in the Knoxville News Sentinel said he is known as a contentious advocate but also has a softer side. Moncier raised two young sons after his wife committed suicide. One of the boys, Nicholas, was born was cerebral palsy and developed a secondary mental disorder as an adult.
“He’s totally disabled. He is heavily medicated to control outbursts,” Moncier said. “I made a promise to Nicholas’ mother that I would never put him in a home, and intend to keep that promise, and he won’t be put into a home while I’m alive.”
