Attorney’s contempt charges asked to be dismissed

Four organizations are involved in Friend of the Court briefs asking Ottawa County Circuit Chief Judge Edward Post to dismiss contempt charges against attorney Scott Millard, who was jailed earlier this month by Ottawa County District Judge Kenneth Post. The two Posts are not related.
Len Painter
Dec 24, 2011

The American Civil Liberties Union, Ottawa County Bar Association, Criminal Defense Attorneys of Michigan and the law firm of Miel & Carr of Stanton — for which Millard works — are collectively asking Judge Edward Post to overturn the charges.

The court briefs contend that Judge Kenneth Post — who presides over the Ottawa County 58th District Court in Hudsonville — was wrong to order Millard to jail on Dec. 2 for advising his client to use the Fifth Amendment in answering questions from the judge.

In the Miel & Carr brief, it stated: “At best, Judge (Kenneth) Post’s conduct was a reckless misuse of the power of contempt. At worst, Judge Post exhibited an abusive display of judicial power aimed at intimidating a novice attorney into abandoning, on demand, his duty zealously to defend his present and future clients’ constitutional rights.”

The brief also stated: “In using the contempt power to prevent Mr. Millard from performing his duties as attorney, Judge (Kenneth) Post has created a chilling effect on the ability of attorneys in his courtroom to zealously advocate for their clients.”

The name of Millard’s client has not been released.

The dispute surfaced at a District Court arraignment for Millard’s client when Judge Kenneth Post began asking Millard’s client — who was facing the charge of minor in possession of alcohol — if he would pass a drug test. Millard, according to court documents, instructed his client to exercise his Fifth Amendment right and remain silent.

The date for the hearing before Judge Edward Post has not been set.

To read more of this story, see today’s print or e-edition of the Grand Haven Tribune.

Comments

Lake Edge

Many, many thanks to the Tribune and Len Painter for clearly pointing out that there are two Judge Post in this County.

dyankee

Judge Ken Post has it right! This arrogant little attorney was obstructing, not only justice, but Judge Post's attempt to reasonably get to the bottom of this case. This is NOT a murder trial, it's a little MIP issue. The Fifth Amendment suggestion is condusive to a rookie attorney's advice with no experience or court room ettiquette along with a dose of arrogance in his delivery. If you rattle cages you better make sure the door is locked. In my opinion, this inexperienced attorney is getting from Judge Post what his law office has not provided....effective training. Job well done Judge Post. Hopefully, Chief Judge Ed Post will not allow the ACLU, the BAR, and the other whiners to deter your decision and undermine your court room.

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