Hudsonville judge jails attorney for telling client not to tell about past drug use

Unbelievable, jailed for doing what the Constitution requires of an attorney..

12-7-2011 Michigan:

HUDSONVILLE -- 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.

But attorneys with Miel & Carr PLC say Post stepped outside his legal bounds and want changes in his courtroom.

"The judge threw (Millard) in jail for asserting his client's Fifth Amendment rights," said Josh Blanchard, a co-employee of Millard at Miel & Carr. "It seems inappropriate to me to jail an attorney for being an attorney."

Blanchard is appealing Post's contempt ruling and also asking for the Ottawa County Circuit Court to take superintending control of the district court on minor-in-possession matters.

"We think the procedures that are employed by the district court in these cases are improper and don't comply with the law," he said.

Judge Ken Post referred questions to Chief District Court Judge Brad Knoll.

Knoll said he could not comment specifically on the contempt case against Milllard, but said judges are allowed to ask questions about a person's background in setting bond.

"One of the factors is whether a person is currently using drugs or if they have a history of drug use," Knoll said. "There's a certain level of autonomy available to judges."

He said he could not say whether Post stepped over any boundaries without reviewing a transcript of the hearing.

Before he was sent to jail Friday -- a term that was supposed to last until 6 a.m. Monday -- Millard was "calm and respectful," Blanchard said.

"The questions to the client were generally about when and where was the last illegal controlled substance you used," Blanchard said. "The answers to those questions could tend to incriminate someone."

Blanchard said the event left Millard disappointed and frustrated.

"It was not a pleasant experience," he said. ..Source.. by