A federal judge in Maryland has ruled that a Reed Smith partner, A. Scott Bolden, cannot be punished by criminal contempt for violating local court rules in defense of former Baltimore State’s Attorney Marilyn Mosby. Although Judge Richard D. Bennett described Bolden’s “theatrics and profanity” as “contrary to the traditions of civility and collegiality” of the court, he said that the criminal contempt statute only applies to “disobedience above and beyond a rote violation of the local rules.”
The violations included Bolden’s statements at a press conference after US District Judge Lydia Kay Griggsby granted a government motion to continue Mosby’s trial. Bennett explained that during the conference, Bolden had “exposited at length on the latest developments in the case, expressing outrage that the trial had been continued, characterizing the hearing as ‘bulls- – -,’ and suggesting that the prosecution of Ms. Mosby was motivated by racial animus.”
Griggsby found that Bolden’s profanity and extrajudicial statements violated local court rules, disclosed confidential jury questionnaire responses and associated juror numbers, and filed a court document without the signature of a Maryland lawyer. However, Bennett clarified that local rule violations are not punishable under the US Code section that gives courts the power to enforce criminal contempt. When drafted, the word “rule” in the statute referred to a judge’s ruling rather than a standing court rule.
Bennett added that, were the statute to permit criminal contempt for violations of local court rules, it would “in theory, license this court to impose criminal contempt upon any attorney who omits a fax number from the bottom of a court document… submits a filing using a 1.25-inch margin… or supplies only three copies of an arrest warrant”.
While Bolden cannot be punished for criminal contempt, he may still be subject to disciplinary action by the court’s disciplinary committee. Although rule violations cannot trigger criminal sanctions, they may still result in civil contempt. Bolden and other Reed Smith lawyers withdrew from Mosby’s case after Griggsby ordered Bolden to show cause why he should not be sanctioned for criminal contempt.
The Baltimore Sun covered Bolden’s hearing before Bennett on Tuesday, noting that the judge had scolded Bolden despite finding that criminal contempt was not permissible under the law. “You’re better than this,” Bennett told Bolden. “A person of your experience should never find himself in this position.”
Bolden has apologized repeatedly for his outburst at the press conference. According to the Baltimore Sun’s coverage of the hearing, Bolden sounded as though he was holding back tears when addressing Bennett and said he felt he was standing on the “precipice” of his career. He added that he wished he could take back his actions.
After the hearing, Bolden’s lawyer, Arnold Weiner, said the judge had made an “absolutely correct ruling as a matter of law.” Weiner added that Bolden was a man of “high integrity” and would continue practicing law “honorably” in the future.
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Judge scolds Reed Smith partner for ‘theatrics and profanity’ but says criminal contempt doesn’t apply