Danny Lampley (who clerked for me in law school), was jailed by Chancery Court Judge Littlejohn in Tupelo for failing to recite the pledge of allegiance in open court today. Danny was one of the local lawyers who represented the plaintiff in the Pontotoc school prayer case years ago, working with the ACLU and People for the American Way.
I’m informed that Danny rose and was respectful, but did not recite the pledge.
Media is reporting that Danny has since been released after having been in jail from about 9:30 to about 2:30.
The order incarcerating him provides:
BE IT REMEMBERED, this date, the Court having ordered all present in the courtroom to stand and recite the Pledge of Allegience, and having found that Danny Lampley, Attorney at Law, failed and refused to do so, finds said Danny Lampley to be in criminal contempt of court.
The order states that for this, Danny Lampley “is hereby ordered to be incaraerated in that Lee County jail.” The order continues:
IT IS FURTHER ORDED, ADJUDGED, AND DECREED, that Danny Lampley shall purge himself of said criminal contempt by complying with the order of this Court by standing and reciting the Pledge of Allegiance in open court.
I had not blogged about this because I was in the process of preparing an emergency writ of mandamus on Danny’s behalf. It’s apparently over now, and, hopefully, no legal action will be necessary.
Here’s a copy of Lampley contempt order.
Update: I added this: ”I’m informed that Danny rose and was respectful, but did not recite the pledge.”
What I would like, at some point before I die, is to make it through one day — just one — in which I am not appalled at my state, my nation, or both!
“It’s apparently over now, and, hopefully, no legal action will be necessary.”
What about a lawsuit against the judge for wrongful imprisonment? I mean what kind of idiotic judge would think he has the right to make someone recite the pledge?
Unfortunately, I suspect that his status as a judge grants him absolute immunity to such a suit, no matter how brazenly unconstitutional his actions were. I do wonder whether it would be possible to sue the State for injunctive relief to ensure that no judge ever attempts to do that again.
Sounds like a Judicial Performance Commission matter, too.
Oh my goodness . . .
Littlejohn should be removed from the bench. Any judge who would do this is unfit to serve in the judiciary. This act shows a pathological and incurable arrogance. Nothing short of removal will protect the public from this fool. Littlejohn has shown himself to be an embarrassment to the citizens of this State, and a poster child against elected judges.
Thanks, judge littlejohn, for validating the rest of the nation’s belief that we are a bunch of dumb rednecks.
I have a vague memory from lawschool about a Judge who was successfully sued under 42 U.S. C. Section 1983 for having sent his bailiff out to arrest and incarcerate a street vendor for selling the judge bad coffee.
That had less nexus to his judicial function unless, of course, he was a coffee addict.
I would add that judge littlejohn is an example of why Mississippi needs a mandatory retirement age for judges. He’s got to be pushing 80 years old. Perhaps this was acceptable when littlejohn was a young lawyer (50 years ago) but not anymore.
Littlejohn should be sealed in a glass case that reads “break glass only if you need a punch line.”.
Are there some old political scores to settle here. Say like the prayer in schools issue in Pontotoc.
TALMADGE is, and always has been, an asshole.
Let’s not forget that Talmadge stepped down as Municipal Judge in New Albany several years ago under curious circumstances involving allegations of inappropriate behavior with female employees and taped recorded conversations.
“What I would like, at some point before I die, is to make it through one day — just one — in which I am not appalled at my state, my nation, or both!”
Yes, this comes just after the house fire in Tennessee. I’m not over that yet.
Amen, Alan at 5:10.
I hope the Judicial Performance Complaint is already on the way.
Before I go to the Lee County Chancery Court again, I’ll practice The Star Spangled Banner … just in case. . .
“If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion, or force citizens to confess by word or act their faith therein.”
Littlejohn missed that day of con law, I guess.
[...] Balko | October 6, 2010 I have a feeling this story will soon be national news. From the NMissCommentor, a legal blog in [...]
[...] have a feeling this story will soon be national news. From the NMissCommentor, a legal blog in Mississippi: [Attorney] Danny Lampley . . . was jailed by Chancery Court Judge [...]
The Danny I know is a brave and principled attorney. The JPC oftentimes covers up the misconduct of judges other than Justice Court judges. I hope they will act on the complaints that are filed in this instance. This is essentially a kidnapping – too bad they cannot order jail time for this chancellor.
Complaint form for Comm’n on Judicial Performance is here.
For personal and political reasons, I did not say the pledge of allegiance for a while. Little did I know I could be arrested for it! Unbelievable.
Here’s a site that allows you to rate the judge:
http://www.ratethecourts.com/worstjudge.php?id=177588
Did they put the lawyer in prison stripes for his mugshot? Did they do that to that man?
You’d think Littlejohn ought to be removed from the bench. But he’s running unopposed for re-election.
Let’s just appoint a federal receiver to take over Mississippi government. That guy in charge of the BP payout … Kenneth Feinberg … could handle it. We are not ready for self-government.
Just so long as there was no gold fringe around that flag.
Let’s just appoint a federal receiver to take over Mississippi government.
Is it too late to crank the Reconstruction back up? Obviously, we weren’t done being reconstructed.
The judge in question may be immune to criminal prosecution for his blatant violation of Mr. Lampley’s rights, but he can still be impeached and removed from office. This is not the kind of behavior that a free people should tolerate from their employees.
-jcr
And let me just add: to HELL with the Pledge of Obedience. The very idea of forcing the citizens of a free country to recite a litany of subservience to a government is obscene.
-jcr
The Pledge smacks a bit too much of fascism for my taste: http://www.cato.org/pub_display.php?pub_id=3296. Good on Attorney Lampley
TP, Attorney in AL
The sad part of this is that if you did a poll, greater than 50% would support this judicial action.
[...] Just another indicator that our third branch of government is just as broken as the other two. Lawyer Jailed by Chancellor for Failing to Recite Pledge of Allegiance NMissCommentor __________________ [...]
Unfortunately, I think that the percentage of Mississippians that would support the actions of this judge would be well over 50%. The only right must people concern themselves with is whether or not their gun is going to be taken away, all others can be taken and no one would notice.
This just in. . .today’s itinerary for the Lee County Chancery Court. . .
Call to Order ………………………………Sheriff
Mandatory Pledge of Allegiance………………..Audience
Solo………………………………….Chancery Clerk
(Warning: if you laugh, you will go to jail)
Pledge to the flag of Mississippi……………..Audience
(Warning: if you don’t know it, learn it or go to jail)
State song: “Go Mississippi”…………………Audience
Short hearing on emergency T.R.O.–5 min. maximum.
Prayer…………………………….The Rev. Jim Jones
(Warning: bow head or go to jail)
Sermon…………………………..Chancellor Littlejohn
Topic: “How Liberal Lawyers are killing America”
Short hearing on Lee County Bond issue………5 min. maximum
Hymn 718 “God Bless America”……………….Audience
(Warning: sing or go to jail)
Lunch on your own
Second session
Welcome and announcements………….Chancellor Littlejohn
Sermon…………………………..Sheriff of Lee County
Topic: “Why I like to make lawyers wear striped suits”
Pledge to the Bible…………………………Audience
(Warning: say it, or go to jail)
Break (temporary hearing for divorce matters) 5 min. max.
Hymn 658……”My Country ‘Tis of Thee”……….Audience
(Warning: sing or go to jail)
Benediction………………………Chancellor Littlejohn
Note: Please do not interject chancery court business into
the service without permission of Chancellor Littlejohn or
you will go to jail.
I’m heading into Corinth tomorrow from Texas… I’ll make sure I practice the pledge — just in case I get a speeding ticket in Judge Littlejohn’s district. I always say that Mississippi is a good state to be from.
Let’s hope george cochran or rob mcduff sees this and jump in
It sounds like Judge Littlejohn is simply senile, or worse, from age. It sounds somewhat like the situation that got Lester Williamson, Sr., removed from the bench when he threatened to cut off a defendant’s ears and displayed a pocket knife in open court. Hopefully, this sad episode ends the same way and Judge Littlejohn is placed in assisted living or whatever he needs.
Lawyers are required to take an oath in both State and Fedreal courts that is so akin to the nature and substance of the Pledge of Alllegiance as to be nearly indistinguishable in any meaningful degree
People who split such thin hairs are always a bit of a wonder in my eyes.
Hope this tem-pest dies its` early and deserved death
Wow-Even Jonathan Turley has blogged about this:
http://jonathanturley.org/2010/10/07/mississippi-lawyer-jailed-by-court-for-not-reciting-pledge-of-allegiance/
WS
QUAERE: is this all just a dil job (dilbert)
Attorneys and Judges take an oath to uphold the laws of the United States and their state. The Pledge of Allegiance is to a FLAG. The laws of the United States and, I hope, every state, ensure free speech. While I would recite the pledge, I would also uphold the law that says one isn’t required to recite on command of a political adversary or senile judge.
Allegiance, thanks for that. Good one.
And Mississippi moves further to the back of the line, if that is possible.
Better eat your prunes judge, ’cause the ACLU is gonna ream you out!
Didn’t a federal judge in Jackson lock up some poor postal customer for a day for parking in the judge’s parking spot? Didn’t a federal judge just get arrested for buying dope of his hooker?
The point is that these zany acts by judges aren’t limited to any state or jurisdiction. Judges are humans and have the same failings as all others.
This episode does sound more like dementia from age than actual malice, even though Judge Littlejohn may not be as progressive as us smart lawyers are!
uhh, isn’t this a little nazi-ish?
[...] jails lawyer for not reciting Pledge of Allegience Posted on October 7, 2010 by Bento Via NMissCommentor: Danny Lampley (who clerked for me in law school), was jailed by Chancery Court Judge Littlejohn in [...]
[...] Tupelo, Mississippi. A chancery court judge jailed an attorney for criminal contempt for abstaining from reciting the Pledge of Allegiance at the beginning of a court session. I’m not kidding. Really, really [...]
Ha Ha Ha! I love it when lawyers get a taste of the injustice we poor citizens endure from them and their coherts on the bench. Book ‘em Litlejohn! And go find Robin too!
[...] by Judge Talmadge Littlejohn for not saying the Pledge of Allegiance in a Mississippi courtroom (NMissCommentor via The [...]
FOR ALL OF you jackasses trashing Mississippi, [expletive] YOU! [Extending middle finger.] Every day there’s a news report from somewhere in the country of some idiot judge doing something stupid. This is not isolated to Mississippi. There was a federal judge sexually harassing court employees. There was a judge in a western state masturbating underneath his robe during a criminal trial. The whole F*&^%ing judiciary in Chicago was implicated in a bribery scheme.
As for Texas, isn’t that where the renegade Mormon cult was and still is sexually abusing children in a compound way out in the desert? California? Jim Jones. Or how about the LAPD or the Oakland PD.
You holier than thou assholes need to go clean up your own houses first.
I’m grateful to Observer for pointing out the need to clean one’s own outhouses. Talk about echoes from the 50′s and 60′s ….
Chancellor Littlejohn operates a Mississippi judicial outhouse that needs cleaning. I’m a member of the Mississippi Bar. So I guess we start right here at home.
Here’s the plan:
On the first day of the next court term in the First Chancery Court District, every lawyer in North Mississippi (and beyond) appears in Chancellor Littlejohn’s courtroom. When it comes time to recite the pledge of allegiance, every lawyer rises, places his/her hand over his/her chest (no hands on another’s chest … y’all be serious for just a minute), faces The Colors, and remains mute throughout the pledge. Not a word. Not a peep. Cold, stony silence. And we’ll see what happens.
I’m prepared to face the consequences. And I’m prepared to make a federal case out of it if there are sustainable facts.
Littlejohn has to be outed. Has to be exposed. Has to be subjected to all the national ridicule that can be mustered. Has to be held accountable. Has to be spotlighted. And … sad but true … he has to be made the darling of Fox News.
[...] FREEDOM OF SPEECH: Lawyer Jailed by asshole Chancery Court Judge Littlejohn for refusing to Recite P… Littlejohn? Does this judge have a small penis, and that's why he became a judge? So that he could actually fuck people, for once? (tags: politics FreedomOfSpeech freedom government PledgeOfAllegiance jailed ContemptOfCourt Judges JudgeLittlejohn Littlejohn assholes 1stAmendment FirstAmendment DannyLampley Tupelo Mississippi NMissCommentor ChanceryCourt LeeCounty news articles) [...]
It’s no surprise this has made the ABAJournal.com Daily News feed: “Miss. Judge Sends Lawyer to Jail for Refusing to Recite the Pledge.”
Along the line of Curt Crowley’s, (8:15 p.m. – “Thanks, judge littlejohn, for validating the rest of the nation’s belief that we are a bunch of dumb rednecks” consider these recent Daily News headlines from Mississippi:
Pols Caught Up in Alienation of Affection Suits in Mississippi
WSJ Decries ‘Mississippi Tort Mob’ and State AG’s Effort to Hit BP ‘Gusher’
Partner’s Affair With Client’s Wife Isn’t a Breach of Fiduciary Duty, Court Rules
Blacks Still Widely Excluded from Southern Juries
News flash to Observer: in the federal system, judges like those are impeached, indicted, or otherwise punished.
The feds police their courts. We don’t police ours.