‘L.A. Law’ Meets ‘Jail’ — Disbarred Attorney 14 Months Into ‘Coercive Confinement’
Today, CNN is scheduled to air video of its interview with Richard Fine, a (now disbarred) attorney who has spent more than 14 months in the L.A. County Jail for contempt of court after he refused to provide certain financial documents pursuant to a court order in connection with a fee award in a case Fine lost.
Fine Today, CNN is scheduled to air video of its interview with Richard Fine, a (now disbarred) attorney who has spent more than 14 months in the L.A. County Jail for contempt of court after he refused to provide certain financial documents pursuant to a court order in connection with a fee award in a case Fine lost.
Fine considers himself a political prisoner, because his raison d’etre over the past several years has been exposing the alleged corruption inherent in the courts of Los Angeles County resulting from the county’s practice of tacking on an additional $57,000 in “supplemental benefits” to the $178,000 state salary of Superior Court judges. A California appellate court actually ruled those payments unconstitutional in 2008, but the legislature then reportedly passed a law legitimizing them. To Fine, this mission was just a natural extension of his chosen role as a taxpayer advocate, challenging your typical “waste, fraud and abuse.” But, says Fine, the judges don’t see it that way, and that’s why he’s still locked up.
The notion of coercive confinement, is, of course, to coerce someone to comply with a court order. Once it becomes clear that it’s not gonna work, the contemnor (yes, spell-check, it is a word) is supposed to be released. Though Fine’s 14 months behind bars is far from the longest such confinement on record, it does seem a bit excessive, especially considering the L.A. County Sheriff’s Department spokesperson’s statement that they could use the cell for someone who actually committed a crime.
Constitutional or not, it’s fairly incredible that these state judges are making $235,000 per year when federal district court judges make only $174,000. Fine’s habeas petition has made its way to the U.S. Supreme Court, and was considered in conference last week.
Posted by Eric Lipman on May 24, 2010 at 11:21 AM
COMMENTS
lemier@earthlink.net said…
Without having read the entire transcripts, I agree with Mr. Fine completely. I wish more attorneys would be willing to stand on such principles.
This jurist should be removed from the bench and if elected let the “people know” and get rid of that judge.
My prayers and best wished are with Richard Fine and my the interview expose that court. Art LeBeau
Reply May 24, 2010 at 04:29 PM
Tom said…
Ten or twelve years ago, John Marshall Law Professor (now Dean) John Corkery used to teach the case of a civil contemnor who had been in the Cook County (Illinois) for a period longer than many in his situation had served for homicide.
The contemnor was the father of a child. The child went missing and was last seen in the company of the contemnor. Through her attorney (the Cook County State’s Attorney), the child’s mother commenced a custody action against the contemnor.
Appearing without an attorney, the contemnor took the stand and began his explanation of the circumstances surrounding the child’s last whereabouts. Under cross-questioning, he reached the point where further answers were likely to lead to evidence that the child had died as a result of foul play. At that point, he shut up and found an attorney. Too late, so far as the presiding Cook County domestic court judge was concerned. Having begun to testify in this matter, he was required to clarify his testimony under cross-examination or face jail for direct contempt.
The man chose jail. Perhaps he thought he would be out in a few months if he kept silent. But so far as I know, he is still there.
Reply May 24, 2010 at 11:38 PM
Stephen R. Diamond said…
For the only analysis of the Richard Fine case that purports to be accurate:
The Richard Fine Case: An Objective Analysis
http://tinyurl.com/yca2ayj
