Bizarre day in court: Two lawyers held in contempt

Posted at: 11/02/2009 6:56 PM | Updated at: 11/03/2009 7:15 AM
By: Jeremy Jojola, Eyewitness News 4; Charlie Pabst, KOB.com

Drunk driving suspect George Padilla has everything and nothing to do with a strange day in court on Monday.

First, his attorney, Roman Romero, lost a motion to have the case thrown out.

Judge Rachel Walker then ordered a jury trial, because the case is two days away from being dismissed due to the statute of limitations.

That's when Romero said he was too sick to move forward.

The courtroom tapes tell the rest—Romero began to leave the courtroom, but the judge wouldn't have it, believing his so-called sickness was a ploy to delay.

Judge Rachel Walker: Because I want to go to trial, and you have decided to violate a direct order. I'm not putting up with this, no. You said enough, be quiet. Be quiet. You want someone to bring your medical records, you should have had a plan.....ah, ah, ah, ah...you should have had a plan for someone. Shut up! Shut up! The more you talk, the deeper you get."

Romero was then detained for contempt of court.

Then his attorney, Dennis Montoya, arrived hours later with prescription bottles and a doctor's note.

Montoya: "I repeat, your honor, you are not competent to practice medicine."
Judge Walker: "Okay, I want you to sit down until you can reconsider your attitude in addressing the court."
Montoya: "Your honor, you and the court are not competent to practice medicine."
Montoya: "We request to proceed, your honor."

Eventually Montoya was thrown out.

Montoya: "Your honor, this is an outrage, your honor, your honor! Don't do this judge."

Montoya says he plans to file a complaint with the judicial standards commission.

He told our cameras, "If the attorney is too sick, and on pain medications— on hydrocodone and muscle relaxants, and feels well enough to do a 10 minute motion hearing, but doesn't feel well enough to do a three-day trial, that's the last word on it."

The judge pointed out that if Romero was so highly-medicated, he had no business being in court.

As for Romero, he says it wasn't a ploy to delay the case.

"I'd rather go to jail than allow my client to suffer an unfair trial," he said.

Back to the drunk driving case— it's been pushed back, and it's still possible it will go to trial.

All parties have agreed to continue the case.

In the meantime, the two attorneys will have to go stand before the judge and explain why they shouldn't be held in contempt.

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