I’ve got the order now on which Judge Littlejohn released Danny Lampley yesterday after first jailing him for refusing to say the pledge of allegiance.
It would make me nervous to be the subject of this order; being peremptorily jailed is not the kind of thing I’d want hanging out there “in abeyance.”
Here’s what the order says.
BE IT REMEMBERED, this date, the Court having previously found Danny Lampley in criminal contempt of court for his failure and refusal to stand and recite the Pledge of Allegiance in open court as ordered by the undersigned Chancellor, and this Court having previously ordered Danny Lampley be incarcerated in the Lee County Jail in Tupelo, Mississippi, and this Court having found that Danny Lampley is attorney of record for a case previously set for hearing before the Court…
The phrasing here got to me: Look what I found! That lawyer I put in jail is supposed to be in my courtroom! Fancy That!
… does hereby find that Danny Lampley shall be released from incarceration to return to Lee County Chancery Court in order to represent his client in the perviously set hearing.
He then orders Danny be released for the hearing, and concludes in a foreboding way:
IT IS FURTHER ORDERED ADJUDGED, AND DECREED that the issue of further incarceration shall be held in abeyance pending further order of this Court.
Again, this is really not the sort of thing I’d want held in abeyance.
I’m reliably informed that Danny is resting at home and trying to assimilate the consequences of having become an instant internet celebrity.
Here’s a copy of the Lampley Order for Release.
By the way, every time I trip over the phrase “criminal contempt” in these orders it sets my teeth on edge. I don’t really want to correct Judge Littlejohn here, because the standard of review for criminal contempt is better than that for civil contempt, but by definition, if you can purge yourself of contempt, it’s civil contempt.
but by definition, if you can purge yourself of contempt, it’s civil contempt
Wait — you mean to suggest that Judge Littlejohn got the law wrong???
Yeah, well, I guess I’d expect a chancellor to understand contempt even if he didn’t understand the First Amendment. I guess.
What fool would think a lawyer held in criminal contempt – especially for something so clearly uncostitutional – is gonna show back up and participate in a hearing without asking for recusal?
wilbur–
Danny came back to court after jail. The court told him they were starting the hearing. He moved to recuse the judge orally, and the judge said no, proceed.
I guess that’s like a free play in football. Automatic grounds for reversal if you lose.
Honestly, I am not confident that having been held in contempt = free recusal. There would be a lot of contempt shown down at the Hinds Circuit Court, were that the case.
Now, an egregiously *wrong* finding of contempt? That might do it, but I’m not sure.
I would really like to know what Mr. Lampley’s client thinks of this mess.
Furthermore, I am not a lawyer, but I think the way the judicial elections are done in this district is unconstitutional. How is it constitutional that a fella from Corinth cant run against Talmadge, but Talmadge serves Alcorn County? Even though we are able to vote in that election, we should also be able to run one of our own to throw him out.
Scruggs Balducci.Langston Peters Delaughter Patterson. Steve Hayne. Judge Kitchens. Forrest Allgood. Talmage Littlejohn. The Black Bear. The Land Shark. Hoddy Totty. Mississippi – the State that keeps on giving
I don’t think having “been held” in contempt would ground a recusal. But if he’s still in contempt of court, and hasn’t purged himself, I would think there’s a very evident appearance of impropriety in the Court insisting that he practice in front of it in a different matter.
Certainly I would not want to be represented by a lawyer who is actively subject to a contempt order in front of the very Judge who issued it.
Oh wow! An entirely separate and distinct complaint to the JPC – now Judge Littlejohn has brought the fairness and objectivity of the court into disrepute by refusing to recuse himself, after having effected the assault and kidnapping of one of the attorneys, and under the continuing threat to re-assault and re-kidnap that attorney.
The Commission on Judicial Performance should, but won’t, remove this guy temporarily until an “investigation can be perfpormed.” He will eventually be removed. But how many people will have to suffer in the meantime? The Miss. Supreme Court should step in and stop this madness.
Just wonderin’, how did Chancellor Littlejohn know Lampley didn’t recite the pledge? Did the Chancellor eyeball everyone in court to see if someone wasn’t reciting the pledge? What about lip syncing–if you really didn’t meanto state the pledge, but you lip synced it, would the good judge catch that? What about the judge?–isn’t he supposed to keep his eyes in the boat like everyone else, or does judicial immunity give him the leeway to take his eyes off the flag to survey all the perps in the courtroom?
Littlejohn was exposed to a good education in constitutional law, but he apparently thinks it isn’t applicable to him. Why does it always happen to us Mississippians? We are truly star-crossed and damned.
Ben, I thought the same thing you did. The judge was supposed to have his eyes on the flag while reciting the pledge. It reminds me of when I was a little kid and someone would declare “John had his eyes open during the prayer!”
if it’s forced does it have any meaning? If it doesn’t have any meaning why say it? Jeez, someone needs a nap.
[...] The attorney only served a few hours before the judge came to his senses and released him, but the continued threat of incarceration persists, albeit in abeyance. Judge Littlejohn might consider reading the remainder of Justice Jackson’s opinion, [...]
If Littlejohn didn’t personally observe him standing silent, its not direct contempt and Littlejohn must let another judge hear the contempt proceeding as he is a mere witness.
[...] Maybe further legal action will indeed be necessary; Judge Littlejohn’s order releasing the lawyer says that “the issue of further incarceration shall be held in abeyance pending further order of [...]
Under the MRAP, I think there is an automatic right to inteocutory appeal from recusal denial; and little doubt that the court would grant stay pending.
It’s a Mississippi thing apparently.
Look what just got installed on the grounds of the Clarke County Courthouse:
http://sphotos.ak.fbcdn.net/hphotos-ak-ash2/hs319.ash2/59970_438228714382_308981274382_4985880_1890950_n.jpg
Oh brother. Graven images, anyone?
We are with you Danny. As a veteran and an attorney for 35 years I commend you.The fact that you are an American citizen is enough . My ancestors who came to this country in 1657, as persecuted Quakers ,for the most part pacifists, still gave their lives in The Revolutionary War,but wouldn’t swear loyalty to any government. They were Americans by their actions. Talking the talk isn’t like walking the walk.
Isn’t it obvious the judge knew he wouldn’t recite the Pledge? He had removed him from court in Corinth for the same thing (so I read). My question would be, does he always require this in his court? And if so, he knew Lampley wouldn’t do it because he had admonished him for it before. Anyone who knows Lampley’s history knows he’s a fierce protector of constitutional rights. At the risk of being really crude, it sounds like a pissing contest to me. Bet the judge didn’t think it’d make national news though. It’s always a victory when judicial abuses are outed in a public way. Good for Danny!
Am I wrong in my spelling or are they saying something about naked false witnesses there in the Ninth Commandment? Or maybe it is forbidden to expose false witnesses?
Probably only legal to “bare” true witnesses. You are correct, Tilter.
To answer Plain Jane, I’ve talked with multiple people who have had court with Judge Littlejohn and they all said he asks the whole courtroom to stand and recite the pledge EVERY TIME they have been there.
I respect Danny for his standing up to Littlejohn, but was pissing off the judge really the best course of action for his client?
Thanks Rockfish, and you make a good point. But does that mean that Lampley should compromise just because that’s how it’s always been? I can’t help but think of the “blacks in the back of the bus” thing, among many others. Do you agree that someone has to take a stand at some point?
There is no doubt that Littlejohn was wrong (See West Virginia v. Barnette), and that Lampley did a good thing by standing up for his beliefs “in order to secure a more perfect union.”
However, lawyers ALWAYS have to protect the interests of their clients. Ironically, sometimes zealous advocacy means no advocacy at all.
All in all though, it was a good (and ballsy) thing for Lampley to take a stand. Kudos, counselor.
Sorry…
that quote should have read “in order to form a more perfect union.”
Rockfish, one could argue that it wasn’t in the best interest of his client to stand before a judge who creates his own “justice” in the courtroom. Why do we assume to know his motives?
MCJP met yesterday, or should have, as it was the second Friday in the month. Things seem to move at a snails pace b/c that is the way it was designed. I do know for a fact that the staff is always working despite the fact that there is only one Commission meeting every one to two months.
What would life be like without government? Each person would have a right, or a license, to do everything in the world. This would lead to a war of all against all.
Interesting poll on Northeast Mississippi Daily Journal. Right now, 63% say Littlejohn was justified in jailing Lampley. 37% say no. I would encourage everyone to follow the link and vote. No registration required.
Was Judge Talmadge Littlejohn justified in jailing attorney Danny Lampley for refusing to recite the Pledge of Allegiance in court?
http://nems360.com/bookmark/9866232
[...] of judge Talmadge Littlejohn, he refused to cite the pledge of allegiance. Littlejohn found Lampley in contempt of court and threw him in jail. The story was picked up by the AP and dissemenated around the globe at the [...]