Magistrate Susan Kerr Lee, in a 61-page ruling, has recommended discipline for maverick Knoxville defense lawyer Herbert Moncier.
The recommendation goes to Federal Judge Curtis Collier of Chattanooga, who had directed the magistrate to look into an incident in which attorney Moncier was found in contempt in November 2006 by another federal judge, Ronnie Greer of Greeneville, Tn.
Judge Collier said in a Jan. 8 show cause order that the attorney should be summoned to show cause why disciplinary action should not be taken against him in connection with his behavior in the case in which attorney Moncier continued to talk after he was told to keep quiet and was ordered taken to jail.
He was found guilty of criminal contempt in relation to the incident Nov. 17, 2006. He was fined $5,000 and directed to undergo anger management counseling and ethics training. The attorney appealed the conviction.
Judge Greer also referred charges against attorney Moncier to the state Board of Professional Responsibility.
Attorney Moncier said it is double jeopardy to punish him both at the Board of Professional Responsibility and in Federal Court.
He also said that Magistrate Lee should not be hearing the case, saying she works under Judge Collier and is appointed by him.
Magistrate Lee said the case was referred to her under a local court rule in which the chief judge may ask a magistrate to investigate a complaint and make recommendations.
She said at the end of her report, "I recommend the court impose appropriate discipline for respondent's conduct during the November 2006 hearing."
She said he has had conflict over the years with many courts, though she said he is capable of conducting himself appropriately and did so in a two-day hearing she conducted.
A number of attorneys had filed affidavits in behalf of attorney Moncier, saying a ruling against him would be "chilling" for lawyers attempting to zealously advocate for their clients.