Jackson Jambalaya

The Mississippi Supreme Court suspended attorney Michael J. Brown's license to practice law on February 16, 2012. The court ruled it will dissolve the order only when the attorney presents a certified copy of an order showing he purged himself of the contempt charge in Hinds County. Chancery Judge Dewayne Thomas threw Mr. Brown in jail after ruling he could not account for $3 million in the guardianship of Damon McClinton. Mr. Brown faced more scrutiny today after Rankin County Chancery Judge Grant ordered him to come to his courtroom to discuss another guardianship.

Judge Grant said in court today he "pulled" all estate and guardianship cases where Mr. Brown was the attorney to review for any possible malfeasance. The Chancellor ordered an accounting in the guardianship of minor Drake Bolland on February 7, 2012. The court appointed the parents of Drake Bolland, John and Melissa, guardians in 2007 after their son received a $15,000 settlement due to a fireworks-related injury. Michael J. Brown represented the parents. He told the court today they had been friends and went to the same church for a long time. The court established a guardianship for the child and directed the parents to place the funds into a federally insured bank where the funds were to remain until "further order" of the court.

Judge Grant subpoenaed the Bollands and Mr. Brown to appear in his court today. Judge Grant was not happy when he learned the parents removed the money from the account and placed it into other accounts such as checking and money markets. The Bollands apparently thought they could earn a better interest rate and said they were told by Brown they could do so without permission from the court. Judge Grant ordered the parents to place the funds back into the guardianship within 48 hours. In this case fate smiled upon little Drake Bolland because the funds actually increased in value thanks to market performance over the last two years.

Judge Grant said when the hearing began he was prepared to remove the Bollands as guardians but changed his mind after hearing their testimony. The Chancellor said they had "done wrong" but "they were led to act wrong by Mike Brown. He said they acted "inappropriately" but "no substantial damage was done" thanks to the Dow Jones. He ordered them to deposit $17,437 into an account at Merchants & Farmers Bank within 48 hours and ordered the bank to show proof they had done so (Principal and interest calculated at 1.25% since original transfer.). He then warned the couple: "If you mess up again, you will be in trouble." He also ordered M&F to keep the money from going "anywhere" without his approval. Judge Grant said "I'm supposed to be more conservative with Drake's money than what's in my own pocket." Judge Grant then lectured the couple on how serious his responsibility was in protecting Drake's interests.

However, this post is not about the mishandling of a child's small trust account but the behavior of an attorney in the courtroom today. Michael J. Brown did not appear at the hearing. Judge Grant sent deputies to his home during the hearing where they unsuccessfully tried to contact Mr. Brown. The attorney finally called the administrator and said he was en route to the courthouse. Mr. Brown showed up in blue jeans and a button down shirt. He assumed the stand after Judge Grant said "all right, I'd like to hear from Mr. Brown." Mr. Brown apologized to the judge for being late and said he had marked the hearing as February 23 on his calendar.

The suspended attorney said John Bolland asked him if he could move the funds into another account. Mr. Brown said "I think I contacted Judge Grant but I said the corpus could not be touched but they could move the interest." Mr. Brown made this assertion several times while on the stand. He said the "whole idea" was not to incur any attorney's fees. He said he told them the court order allowed them to move the interest but disclaimed any responsibility for moving the corpus.

Judge Grant asked Michael J. Brown "did you inform Mr. Bolland he needed a court order?" There was a long pause. Very long pause. Long pause as in the long pause after Karen Irby made her statement to Judge Green long pause. Judge Grant than had someone give the file to Michael J. Brown. The file was opened to the order establishing the guardianship. The gray-haired Chancellor, looking and sounding like stern Spencer Tracy in Judgment at Nuremberg, asked him where in the court order did it "say interest". Mr. Brown said "I don't see it." He then said "I could've swore it was in there" (Mr. Brown used the phrase "I could've swore" several more times during the hearing.). Mr. Brown said again "I could've swore it said you could move the interest."

Judge Grant said "just show me where it says it in there." Mr. Brown looked and looked through the order. He even removed his glasses and bent over, placing his face real close to the paper, studying each word. He said nothing. Mr. Bolland said the attorney said it was "ok" to make the transfer. Judge Grant again asked him if the order said anything about moving the interest. The attorney again said he "could've swore it was in there". Mr. Brown said several times he had gotten permission from Judge Grant during an ex parte discussion on another case. Judge Grant said he did not remember any such permission or conversation. Mr. Brown even said he never received a fee for the work performed in establishing the guardianship. Judge Grant finally drew the testimony to a close after Brown apologized to the Bowlands. The episode brought to mind Mr. Brown's claim in the McClinton case he could not return the bank statements and court file as water damage destroyed them.

Judge Grant heard enough and ordered Michael J. Brown to pay $71.50 in process fees within 24 hours. Judge Grant appointed Jeffrey Rimes and Clay Baldwin as attorneys for the guardianship. While everyone was leaving the courtroom, Mr. Brown asked to approach the bench. He asked Judge Grant "Judge, do you not remember we had that conversation in your chambers?" Judge Grant immediately and strongly said "I have no recollection and furthermore, I would never make a statement like that. This does not need to go any further." The Judge then left the courtroom in obvious disgust.