Late last month Fall River District Court Judge Franco GoBourne held defense attorney Nicholas Athanassiou in contempt of court.
Court officers cuffed poor Attorney Athanassiou and he spent much of the day in the courthouse lockup.
I can’t tell you how extreme that is.
I’ve practiced law for 15 years. Most judges behave with the utmost restraint. And it’s crazy to imagine a judge ordering court officers to shackle an attorney and throw him in a cell.
So what could possibly justify such behavior from a judge?
According to a Mass Lawyers Weekly, Judge GoBourne claimed (on record) that his actions were justified because
[Athanassiou’s] attitude, his facial expressions, and his body expressions and his recalcitrance is contemptuous.
The attorney was at court that fateful day for a routine pretrial conference.
Athanassiou was discussing a discovery motion with GoBourne when things got heated.
GoBourne: Counsel, stop pacing. Face the bench.
Athanassiou: Excuse me, your honor,
GoBourne: Before you come out with more words, counsel, you better be careful what you say, I’m asking you to stop pacing and face the court.
Athanassiou: Your honor, I understand.
GoBourne: That’s enough; that’s enough.
Athanassiou: Your honor, my client has a right to be heard.
GoBourne: I’m asking you to be quiet, and I’m asking you to face the court…Take him into custody. Take him into custody. I find you in contempt of court, counsel.
Officers took Athanassiou into custody. He then spent several hours in the courthouse lockup.
Ultimately the District Court Chief Justice “recommended” that GoBourne drop the contempt finding which he promptly did and Athanassiou was released from custody.
The Committee for Public Counsel Services (CPCS) told Mass Lawyers Weekly that they intend to file a complaint against Gobourne with the Commission on Judicial Conduct.