Wednesday, July 27, 2016

Bar files complaint against Robert Shuler Smith

Highlights: 
-Judge Melvin Priester, Sr. filed a bar complaint against District Attorney.  
-Judge Tomie Green  reported Smith to the Bar for alleged incidents of misconduct . 
-D.A. allegedly tried to use his mother to influence Judge Green
-Judge Green accused D.A. of harassing Special Master Amy Whitten

 The Mississippi Bar filed a complaint against Hinds County District Attorney Robert Shuler Smith at the Mississippi Supreme Court after two Hinds County Judges reported him to the Bar. The actual complaint is posted below. The bar complaint provides the following information:

*The Bar took note of Smith's conduct (p.2) in Judge Melvin Priester, Sr.'s courtroom on March 3 in the preliminary hearing for Christopher Butler.  Earlier post reporting hearing. Copy of transcript included.  The complaint states


8.  Mr.  Smith  interrupted  the  proceedings  and  accused  the  Attorney General's  Office of misconduct in an unrelated  investigation.

9. Judge Priester ultimately  postponed  the preliminary  hearing in the Butler  matter due to  Smith's  conduct.

The disruption allegedly violated the rules that bar a lawyer from "engaging in conduct intended to disrupt a tribunal".  Mr. Smith was not a party in the case and filed no motion to intervene or similar actions.  He simply appeared unannounced and proceeded to make various charges and accusations against the Attorney General's prosecutors. 

The actual bar complaint is posted below (p.6.) and states  Judge Priester reported Smith to the Bar in a March 14 letter.  Judge Priester's letter states:


Pursuant to the reporting requirements of Cannon 3D(2 ) of the Cannon of Judicial Ethics, it pains me to report that on March 3, 2016, Mr. Robert Smith, District Attorney for Hinds County, appeared before me in my courtroom and proceeded to act irrational, manic. and virtually out of  control. Further, he could not stand still for any period of time and continuously moved back and forth from his seat, to the podium or up and down in his seat, even as other attorneys were addressing the bench. I have attached hereto a copy of the transcript for the sake of time; and while recognizing you cannot get an emotional flavor from this document that nevertheless. it must be taken into consideration.
Again, while I regret having to file this report, Mr. Smith's behavior was so bizarre, I am required to do so. Should you have any questions, concerns. or requests for additional information. please do not hesitate to contact me.
It appears the Bar took Judge Priester's letter seriously.

*The Attorney General attempted to quash several grand jury subpoenas issued by the D.A in January. (p.3)  Senior Circuit Judge Tomie Green appointed Amy Whitten as a special master to hear the A.G.'s petition.  The D.A. allegedly tried to contact Ms. Whitten ex parte (Ex parte is communication with the judge outside of the presence of other parties or attorneys.  It is usually proper for non-adversarial proceedings such as adoptions or guardianships.  It is not so proper for adversarial proceedings such as oh, criminal cases and grand jury proceedings.)  Judge Green issued an order prohibiting such ex parte communication.  Smith  charged Judge Green "had improper ex parte communications with other lawyers, improperly set bond and dismissed criminal cases 'behind his back'".  (See how such public complaints turned out for Chokwe Lumumba, Sr.).

The Bar said the rules bar lawyers from communicating with judge's ex parte during a proceeding, attempting to disrupt a tribunal, and attacking the integrity of a judge.  (p.4).  Judge Green stated in a letter to the Bar on February 17:

l am appalled at your malicious and unprofessional statements made during a February 12, 2016 news conference. Your conduct was intentional, retaliatory and improperly coercive at a time when l had under advisement an issue dealing with the impropriety of subpoenas you issued. Consequently, your accusations caused my family and I to endure unflattering, destructive and dangerous repercussions from the public. Your statements were intentional, and you knew or should have known they would evoke unwarranted outrage by Hinds County citizens.

I demand that you publicly retract your allegations that this Court had improper ex parte communications with Atty. Faye Peterson and/or other attorneys,  and that  I improperly  set bond for Timothy Owens or any other person. Further. I demand that you retract accusations that I dismissed  criminal  cases  "behind your back".

You publicly violated, at least, Rule 9.1 of the UCCRR, and Rules 3.5, 3.6 and 8.4 of the Mississippi Rules of Professional Conduct and DR7-i06(C)(6) of the Disciplinary Rules. I charge that your actions were also unethical as district attorney. You were deceptive and dishonest. Overall, your false accusations are prejudicial to the administration of justice and impede the orderly progression and disposition of criminal cases in our district.

Judge Green also reported to the bar in a handwritten letter attached to the letter quoted above:

I am attaching other documents that proceeded our DA's news conference on 2/12/16.  I had under consideration grand jury subpoena that were challenged by the Atty Gen & his staff, the MDOC Marshall Fisher and staff (formerly of MBN).  I appointed Amy Whitten as special master.  The DA attempt to contact and harass her. I issued a clarification order prohibiting ex parte contact by him or any other party.  He never ceased.  

On 2/9/16, the DA slipped a handwritten note under my office door "trying to get me to meet with his mother."  I know of his mother but have no personal relationship with Alice Smith.  I emailed him to let him know the note and request was odd and improper.

The next day his mom left a voicemail at my office. She said it was left in response to me but I never talked to her.  She was a bit irate and demanded respect and said she knew "what to do".  I can email you the voicemail for review. 

Then came the news conference after Amy Whitten's recommendation and my acceptance of the same. 

 Judge Green includes a handwritten letter that was allegedly written and signed by the D.A. :




Judge Green replied to Smith in an email that said she was "puzzled" about why he wanted her to meet with his mother.  She called the request "odd" and said it was "improper for me to meet with your or your mother about specific or unspecified matters."




49 comments:

Anonymous said...

He's done

Anonymous said...

WHAT ARE YOU GONNA DO ABOUT IT EYEBROWS


https://www.youtube.com/watch?v=VgtjZgk2XPA

Anonymous said...

This news made my day!

Anonymous said...

Hard not to suspect after reading Priester's letter that Smith was under the influence.

Legal Complaints for Dummies said...

Kingfish, would you please translate the legalese for those of us who aren't attorney's? I get the drift, but would like to be sure I'm not missing anything.

Anonymous said...

Leaving a "my mom needs to speak with you" letter is hilarious. Smith needs to quit whatever legal or illegal meds are causing this behavior.

Anonymous said...

Appears that WAPT's Angela Williams is a JJ reader since she just ripped you off without attribution.

Anonymous said...

Nothing will happen. The Bar only goes after you if you mismanage your trust account.

Anonymous said...

Are some of his actions consistent with drug addiction or substance abuse?

Legal Complaints for Dummies said...

Thanks for the summary, KF. Very helpful!

Anonymous said...

Did he really tell his mommy on Judge Green? What an embarrassment.

Anonymous said...

Yeah, but what leverage does Smith's parents believe they hold with Tomie Green

Anonymous said...

Think Sam R Hall will demand that his staff seek comment from George Soros?

Anonymous said...

Apparently, Scott Simmons is a JJ reader as well.

Anonymous said...

I STAND WITH THE DA! HE IS A GREAT PERSON. THEY NEVER WANT TO SEE A BLACK MAN IN POWER DOING THE RIGHT THING. SOMEONE ALWAYS HAS TO TRY TO TEAR HIM DOWN. ATT. ROBERT SMITH IS THE BEST THING THAT COULD HAVE HAPPENED TO HINDS COUNTY.

JUDGE TOMMIE GREEN ON THE OTHER HAND :(

Anonymous said...

Get him out of there.

Robert Smith said...

@1:00pm Mom!?!

Anonymous said...

mmm...i thought these filings were to be confidential. very thankful this is public!!

Anonymous said...

The fix is in. Everyone helping him set up a mental illness defense to avoid jail time.

Kingfish said...

JJ has posted about Ed Peters before. Ed Peters tenure ended before JJ came alone. Bill Minor wrote about him quite a bit when he worked at the Capital Monitor. We also didn't have access to court cases online as we do now nor did we have social media and blogs. JJ has also heard how over the years a certain group of former prosecutors seemed to get favorable treatment for their clients while he was D.A.

Here is one post.

Anonymous said...

He must be abusing drugs. He has all the symptoms.

Getchur Own Blog!... said...

Stay on subject KF. This ain't about Ed Peters. And don't start a bunch of crap about Delaughter either.

Kingfish said...

Thank you Johnny but since I am not licensed to practice law, that would be kind of hard to do.

Anonymous said...

Translation: "Dear Jurge Green, my mama need to ax you a kwerschun."

Anonymous said...

I am glad that dishonest piece of shit is getting his due. I don't believe his nightmare has even really begun.

Johnny Weir said...

The Honorable Tomie Green & Melvin Priester Sr. are doing a good job with the case.

Anonymous said...

I'm laughing my ass off. "Titty Mama Titty".

Anonymous said...

Hope whoever is sitting on the Mississippi Supreme Court does right by Judge Tomie Green, Melvin Priester Sr. & the citizens of the state of Mississippi. When will the state highest court take action of this festering wound.

PittPanther said...

RSS comes from "Jackson Black Royalty." They're like small-town Kennedys.

His grandfather was the first black person to run for political office in Mississippi, since reconstruction. His father was (is?) a preacher.

RSS thinks the Smith family can do no wrong, thinks that all of black Jackson will do their bidding.

Derrell Ray said...
This comment has been removed by the author.
Derrell Ray said...
This comment has been removed by the author.
Anonymous said...

Crack is whack.

Anonymous said...

His departure should help with reduction of Hinds County's Catch & Release...

Where's The Storefront, Waldo? said...

What's with 'comment deleted by author'? I've told you for years, there is NO WAY for an author, once a post has been entered, to delete it or remove it.

Posting that is dishonest.

Kingfish said...

I think you can if you are doing it while signed it to your google account.

If I remove it, it says removed by administrator, not author.

Anonymous said...

I've told you for years, there is NO WAY for an author, ...

As someone who knows otherwise it is clear you've been wrong "for years". I don't consider you dishonest, just stupid.

Anonymous said...

@100

ROBERT, YOU HAVE YOUR CAPS ON LOCK. CARRY ON.

Anonymous said...

So Tommie Green and Melvin Priester are now shining examples of the integrity of the rule of law. Neat.

Pray tell, how do you have ex parte proceedings in a grand jury? A. There is no judge. B. They are as far removed from adversarial as you can get. Short of a cross notice, which almost never, ever happens, they are as one sided as anything can be.


To this day, no one has yet to explain why the DA office, the investigators and Judge Weill are having email conversations. That is, by far, the most troubling aspect to all this. As someone who has had the misfortune of dealing with RSS on the other side, I find the allegations of unethical behavior not surprising at all. But to have a sitting circuit judge blatantly flaunting the Judicial Canons, in some kind of Judge Dredd wannabe way, I find terrifying. RSS and Co. F'in up a 2 car funeral isn't a shock, but when you've got a Roy Bean copycat backing them up, we've got a huge problem.

Psycho Notice.. said...

I'm wondering who wrote what Tomie Green signed. That notwithstanding, what kind of grown pussy-man invokes the name of his mother to get his private conduct/matters dispatched?

Derrell Ray said...

Folks i screwed up my comments ,tried to remove them,but it left a mark,,,sorry

Anonymous said...

Ever seen Dave Chappelle's "When Keeping It Real Goes Wrong?"

Anonymous said...

8:21. That's ok. Knock back another one and get to bed.

Anonymous said...

"Mother
Tell your children not to walk my way
Tell your children not to hear my words
What they mean
What they say
Mother

Mother
Can you keep them in the dark for life
Can you hide them from the waiting world
Oh mother"

Anonymous said...

This is a prime example of what happens when we elect someone based on the color of his skin. Note the rest of Jackson's public officials. Our City is crashing.

Anonymous said...

Some people get elected because of the color of their skin.
Some people get elected because of the D or R after their name.
Some people get elected because they are better looking than the opposition.
Some people get elected because they use tax money to buy voters.

I haven't heard of anyone getting elected because of their knowledge, experience, or honesty in a long time. Guess that went out of style.

Derrell Ray said...

@952 i personally like chris rocks video (how not to get your ass beat by the police)this should be what Tony Y plays at his community meetings,i was logged in my google account when i deleted those comments i made yesterday,,,sorry too much adult beverage.

Anonymous said...

10:35 has said what needs to be said.

Anonymous said...

He was elected because of the fabric of his slippers.

Anonymous said...

RSS acts a lot like Little Richard during the crazier parts of his life.

Little Robert may be going thru similar self learning periods....and he may not like it.

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Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.

Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything).


Meet KIM Waaaaaade at the Entergy Tent. For five pesos, Kim will sell you a chance to win a deed to a crack house on Ridgeway Street stuffed in the Howard Industries pinata. Don't worry if the pinata is beaten to shreds, as Mr. Wade has Jose, Emmanuel, and Carlos, all illegal immigrants, available as replacements for the it. Upon leaving the Entergy tent, fig leaves will be available in case Entergy literally takes everything you have as part of its Trollfest ticket price adjustment charge.

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In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up.


In order to help clean up the legal profession, Adam Kilgore of the Mississippi Bar will be giving away free, round-trip plane tickets to the North Pole where they keep their bar complaint forms (which are NOT available online). If you don't want to go to the North Pole, you can enjoy Brant Brantley's (of the Mississippi Commission on Judicial Performance) free guided tours of the quicksand field over by High Street where all complaints against judges disappear. If for some reason you are unable to control yourself, never fear; Judge Houston Patton will operate his jail where no lawyers are needed or allowed as you just sit there for minutes... hours.... months...years until he decides he is tired of you sitting in his jail. Do not think Judge Patton is a bad judge however as he plans to serve free Mad Dog 20/20 to all inmates.

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This is definitely a Beaver production.


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There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.

If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

This is definitely a Beaver production.

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