An Alexandria judge dismissed a civil contempt charge he previously levied against a local attorney for missing her scheduled court date.
Defense attorney Sameera Ali faced 10 days in jail and a fine for not appearing in Juvenile and Domestic Relations District Court on Nov. 19.
Judge Thomas K. Cullen said on Monday (Dec. 9) that the facts were simple. He said Ali accepted the case on Nov. 8, and denied a request to reschedule her client’s Nov. 19 court date.
When she didn’t show up on Nov. 19, Cullen called on Ali to answer to a civil contempt charge. He said that the juvenile suspect has been held without bond since Nov. 1, and that state code forces the court to hear such cases within 21 days.
Ali, however, said that Cullen was mistaken. Her attorney Chris Leibig said that she agreed to take the case on Nov. 15, not on Nov. 8, as a favor to one of Cullen’s clerks, according to The Washington Post.
Leibig said that Ali has since appeared three times in front of the court defending her client. In fact, Ali appeared at a bond hearing for her client less than an hour before her own case against the court was dismissed.
“There is nothing to remedy,” Leibig said. “It’s quite clear it’s not civil contempt.”
Ali, who is also seven-and-a-half months pregnant, asked Cullen to reschedule because she was covering a case in another jurisdiction. Cullen said that her reasons for postponing weren’t clear.
“It appears there were a series of errors.” Cullen told Ali on Monday. “It would give me no pleasure to put you in contempt.”
The case has sparked concern among area attorneys.
“The city deserves a judge who shows some humility and recognizes his own errors,” Defense attorney Ed Ungvarsky said outside the courthouse after the dismissal. “It’s good that the case was dismissed. The contempt order should never have been issued.”
Commonwealth’s Attorney Bryan Porter said that he hopes the situation will not result in lawyers being reluctant to place their names on the court appointed list.
“Dedicated and qualified lawyers who are willing to take on court appointed cases are an extremely important asset to the system,” Porter said.
