PANEL RAPS MISSISSIPPI JUDGE: Wants him reprimanded for punching lawyer at speechAuthor(s): Paul MarcotteSource: ABA Journal, Vol. 75, No. 1 (JANUARY 1989), p. 31Published by: American Bar AssociationStable URL: http://www.jstor.org/stable/20760295 .

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without hearing testimony from

Brawley because her attorneys re

peatedly refused to allow her to tes

tify. Abrams alleged four violations

by Maddox and Mason of the Code of Professional Responsibility, in cluding 16 statements that the attor neys had publicly made in violation of D.R. 7-102 (A)(5): "In his repre sentation of a client, a lawyer shall not knowingly make a false state ment of law or fact." For instance, Maddox said at one point in the in vestigation that he had "direct evi dence" that Pagones was one of the attackers.

Abrams also charged the attor neys with violating D.R. 7-102 (A)(7), which states that a lawyer "shall not counsel or assist his client in con duct that the lawyer knows to be il

legal or fraudulent." On June 7, to name just one incident, Maddox an nounced that Brawley's mother would avoid arrest for refusing a

subpoena to testify by seeking sanc

tuary in a church. "Before you put a hand on Glenda Brawley," Maddox said, "you will come through me. Please have a bullet designated for me."

Abrams further charged the at

torneys with violating the rule pro hibiting lawyers from hiding a witness to avoid testifying, and of engaging in conduct "that is preju dicial to the administration of jus tice."

While prohibited from confirm ing or denying the existence of an

investigation, Robert H. Straus, chief counsel to the disciplinary panel in Brooklyn, did acknowledge receiv ing Abrams' complaint and called it

"highly unusual. We ordinarily don't have accusations such as the ones made here. The typical complaints revolve around neglecting a case or

mishandling funds in escrow."

Stephen Gillers, a professor of law at New York University and an

expert in legal ethics, said that Ma son and Maddox face a "tough case" in both the disciplinary hearing and the slander suit. "With Pagones de nying that anything happened and Mason and Maddox insisting that it did, someone's lying," said Gillers. "I can't believe a Dutchess County jury would believe their story over Pa gones'. If Ms. Brawley is their secret weapon, it seems that her behavior this year will make it easy to demo lish her credibility on cross-exami nation. She is an incredible witness."

?Dan Hurley

Tawana

Brawley, whose

allegations of rape were

rejected by a New York grand jury.

AP

PANEL RAPS MISSISSIPPI JUDGE Wants him reprimanded for punching lawyer at speech

A Mississippi judicial inquiry commission has recommended that a

judge be publicly reprimanded for hitting an attorney during a state bar foundation dinner at which then ABA President Robert MacCrate was

speaking last February. The commission heard evidence

that the behavior of Hinds County Chancery Judge Paul Alexander oc curred after he had consumed alco hol. There was also testimony that Alexander, a diabetic, had an insulin reaction.

The judicial inquiry commission and Alexander's lawyer were plan ning to file briefs before the state Su preme Court.

The court is expected to decide sometime in the next few months whether to reprimand Alexander.

The complaint alleges that Alex ander arose from his chair and inter rupted a speech barely started by MacCrate, saying, "I think this is real interesting, but I think I've heard enough."

Following the program, attorney Louis A. Fuselier said to Alexander, "You, sir, are a disgrace to southern hospitality, our bench, and our bar. You should resign."

The commission's report said Alexander then "swung at Fuselier with his right hand hitting Fuselier in the face."

At the judicial inquiry hearing, there was disagreement over how

much alcohol Alexander consumed. One attorney testified he saw Alex ander consume "several strong drinks in a very short period of time." Alex

ander admitted he had three drinks within a 30-minute period during a

reception immediately preceding the banquet.

Another judge testified that he sat at the table with Alexander dur ing the bar foundation dinner in Jackson, and "did not observe any thing abnormal about Judge Alex ander's conduct" until he stood up and made the remarks to MacCrate.

Although noting that Alex ander's behavior may to "some de

gree" be a result of a diabetic problem, the judicial inquiry commission rec ommended he be publicly repri manded because his behavior "constitutes conduct prejudicial to the administration of justice which brings the office into disrepute."

?Paul Marcotte I-1

ABA JOURNAL / JANUARY 1989 31

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