Lawyer is jailed on rare contempt charge

A judge issues the order after saying she missed several hearings.

By JAMAL THALJI, Times Staff Writer
Published August 10, 2007

NEW PORT RICHEY - A civil attorney was placed in handcuffs at the courthouse Thursday and taken to jail on a charge of indirect criminal contempt of court.

Circuit Judge Daniel Diskey issued an order Tuesday calling for attorney Jessica Miller's arrest, saying she had ignored his commands to show up for guardianship hearings for the past three months.

But a spokeswoman for the Port Richey attorney called the whole thing a mistake over a case Miller asked to be removed from weeks ago.

She said Miller will fight the contempt charge.

"Obviously if she would have known about the hearings she would have been there; she's never missed a court date," said the attorney's office manager, Yvette Gmitte. "Obviously she's not just going to have herself thrown in jail for $1,000 because she has nothing better to do."

That's what Miller had to pay to get out of jail Thursday. It was either that or spend five days behind bars. Miller, 29, was booked before noon and released from the Pasco County jail after two hours.

"Even regular contempt charges are rare," said 6th Judicial Circuit spokesman Ron Stuart. "But it's even more rare for an attorney to be jailed."

Diskey could not comment on the order because the guardianship case is still open, Stuart said.

But Stuart said the dispute surrounds a six-figure insurance payment waiting to be made to a 4-year-old boy in the guardianship case.

The judge first ordered the minor's guardians in May to show why they should not be removed for failing to seek those funds, the contempt order said.

The guardians told the judge that Miller was the problem. The guardians had "attempted to contact their attorney numerous times" but could not reach her, the order said.

The judge's order said Miller ignored a July 9 order to show up in court or file the documents.

Miller was then served July 18 with an order to be in court Monday, but missed that court date, too, the contempt order said.

Miller's office spokeswoman said Miller had sent the necessary documents to another lawyer, Joseph Porcelli. She claimed Miller was helping Porcelli with the case. But Porcelli said he had referred the case to Miller.

Miller also got an order from Diskey himself taking her off the case July 17, according to paperwork her office provided to the St. Petersburg Times. A new attorney, James Pritchard III, was appointed.

But that order also says Miller failed to show up for the July 9 hearing, leading the judge to decide the client needed a new lawyer.

The attorney Miller blamed, Porcelli, said he never represented the guardianship client - and court records back him up.

He said he referred the case to Miller, only to have the client contact him to complain about Miller.

Porcelli said the client complained Miller wasn't doing anything on the case and wasn't returning calls. Porcelli said he never received any documents from Miller, and that she even refused to turn the client's file over to him.

Pritchard could not be reached Thursday for comment. But Porcelli said Pritchard told him the judge was definitely not happy with Miller.

"Jimmy Pritchard called me and he said that Judge Diskey was very, uh, frustrated and concerned by the lack of response by Jessica K. Miller," Porcelli said.

Jamal Thalji can be reached at thalji@sptimes.com or (727) 869-6236.

[Last modified August 9, 2007, 22:31:27]