Judge backs off holding attorney in contempt of court

ALEXANDRIA, VA. (CN) — In a case that infuriated lawyers in this Northern Virginia community, a judge Monday backed away from a contempt charge that he threatened to bring against an attorney known for representing the indigent.

Judge Thomas K. Cullen of Alexandria’s Juvenile and Domestic Relations District Court said a “confluence of errors” resulted in the case against Sameera Ali. It had given him no pleasure to issue the order bringing Ali before the court, Cullen said, adding: “It does not appear that you acted willfully.”

But some of the attorneys who packed the cramped courtroom in Alexandria, Virginia, indicated that Ali was not the one who dropped the ball. The case brought to the surface grievances from lawyers who take on time-consuming cases that pay $120. This was a case in point: Ali had agreed to represent a juvenile defendant, even though she was not on the list of appointed lawyers for the Juvenile and Domestic Relations Court.

Ali, of Magner Law, has been in practice for eight years. Court filings describe her as “a strong believer in the importance of indigent criminal defense.” She agreed to take the case on the condition that the court reschedule a Nov. 19 hearing because she had a conflicting court date. In addition, Ali had not received discovery materials that would have allowed her to plan a defense.

On Nov. 19, when Cullen called the case, a prosecutor explained the situation.

“Despite there being good cause to grant the agreed continuance request, the court inexplicably issued a civil show cause order against Ms. Ali,” recounted court filings.

In a testy series of exchanges, Cullen argued about the precise date that Ali accepted the appointment, indicating she had time to let the court know she couldn’t make the hearing.

“This court is very available,” the judge said. Without explanation of her absence, he said: “I had nothing to go by.”

But Ali’s attorney, Christopher Leibig, countered that Ali twice informed the court that she couldn’t take the case without resetting the hearing.

The judge also pointed out that the juvenile that Ali represents was supposed to have a hearing within 21 days of detention.

That wouldn’t have made a difference in this case, Leibig argued. Given the charges against the juvenile, “It isn’t a question of that person being free,” he said.

Ali, who sat in silence throughout the hearing, is seven month’s pregnant. Afterward, she said only that the sequence of events outlined in Leibig’s pleadings is correct.

Other lawyers had more to say.

Ali’s law partner, Meghan Matulka, called Cullen’s actions “particularly brazen and an affront to anyone who takes a court-appointed case.”

Attorney Ed Ungvarsky referred to the judge’s conclusion that the case was brought on by a series of errors. The court deserves a judge who has “the humility to acknowledge and recognize his own errors,” he said, adding that the case should never have been brought.