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Courtroom argument lands rookie defender in cuffs

The public defender's office might file a complaint against the judge, who held the lawyer in contempt.

Associated Press
Published January 10, 2004

KISSIMMEE - A rookie assistant public defender who exchanged words with a judge was held in contempt, handcuffed and ordered to sit with her criminal client, who consoled her.

The judge's actions outraged the district's chief public defender, who said he might file a complaint with the body that disciplines judges.

Kemie King, 27, was handcuffed in the courtroom and then ordered to sit beside jail-inmate clients in the courtroom's jury box as Circuit Judge Margaret Waller continued hearing other cases. King was not formally charged and was not booked into jail.

District public defender Bob Wesley called the incident "humiliating." The public defender's office is considering filing a complaint against Waller with the Judicial Qualifications Committee, the state body that handles complaints against judges, the Orlando Sentinel reported.

"It's just a bully act," Wesley said Wednesday.

But Orange-Osceola Chief Judge Belvin Perry backed Waller, saying she was well within her rights to punish King.

It happened during a hearing for Esteban Mercado, 48, of Port Charlotte, who was accused of violating terms of his probation by driving with a suspended license.

Waller complained King arrived unprepared. King replied that it was not her fault, and she did not have the proper documents to proceed.

"Oh please, do not argue with me. Do not argue with me, or I'm going to put you in jail," Waller told King.

King pressed her case that the prosecution failed to provide her with paperwork needed to move the case forward. There was more give and take, with the judge and King talking over each other until the judge finally said, "Contempt."

Later, a court deputy led King in handcuffs to a back room, where Waller talked to her. When it was over, King returned to the courtroom to assist in a guilty plea for Mercado, who was sentenced to a year in jail.

"The actions taken effectively called the attorney's attention to her lack of professionalism and disregard for proper courtroom decorum," Waller said in a statement.

While cuffed, King had received consolation from Mercado, the man she was supposed to defend.

"He said, "I'm really sorry,"' King told the Sentinel. "I told him it really wasn't his fault."

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