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Oct. 13, 2005
Copyright © Las Vegas Review-Journal


Attorney spars with judge, cited for contempt

By GLENN PUIT
REVIEW-JOURNAL


A local attorney appearing in Family Court was found in contempt, handcuffed and placed in a holding cell after a judge said the attorney was disrespectful of her, according to a videotape of the proceeding obtained by the Review-Journal.

Attorney Joseph W. Houston Jr. was ordered into custody by Family Court Judge Sandra Pomrenze on Oct. 5 after he became argumentative with the judge and told Pomrenze he thought she had a "psychological" condition. Pomrenze also fined Houston $500.

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"You got all defensive," Houston told the judge. "I can't help it if you have some psychological thing that made you all defensive."

It was not clear Wednesday how long Houston was in custody.

Houston said he thought the decision by the judge was unjust, and he plans to appeal the ruling to the Nevada Supreme Court.

He also said he believes the judge misunderstood what he was trying to say to her.

Pomrenze, Houston said, is a new judge who doesn't have much experience.

"If I have to wear handcuffs for 5 minutes to fight for my clients' rights then I'll wear them every day," he said.

Pomrenze could not be reached for comment Wednesday. Judges are prevented by judicial cannons from commenting on pending cases before them.

The incident unfolded during a routine hearing for a divorce case involving a woman named Staci Lofton and her husband, Robert, who was representing himself in court.

During the hearing, Pomrenze told Houston she could not consider a motion he'd filed because it was not accompanied by an affidavit that details the parties' financial condition. At first, the exchange between the judge and attorney appeared light-hearted on the video as the judge cites state statute requiring the document be filed with the motion.

"Why don't you read it to me for me," Houston quipped.

Then Pomrenze said the procedure needs to be followed in her courtroom. She offers to delay the proceedings so Houston can file the document.

"The longer I beat attorneys on the head on this issue, and proper parties as well, I'll actually start getting the affidavits of financial condition like I'm supposed to," Pomrenze said.

"No you won't," Houston said. "No you won't. Actually you won't."

"Maybe from you I won't," the judge said.

"No you won't," Houston said. "Because I don't do them."

The judge then told the attorney he is responsible for submitting the document.

"You are missing the point, the point is," Houston said.

"Mr. Houston, I don't miss any points," Pomrenze said. "I haven't missed any point you've made today. And Mr. Houston, I would be a little more judicious in how you address the court."

"What?" Houston said.

"I don't think it is exactly respectful for you to be telling me I'm missing a point," Pomrenze said.

Houston then said he doesn't think he's being disrespectful.

"It came across as very much so," the judge said.

"Well, then that's the way you took it. It's not how it was meant," Houston said.

"Mr. Houston, stop while you are ahead," the judge said. "Sit down."

"No," Houston said. "No, I'm responding to your questions."

"Mr. Houston, sit down," the judge said.

"No," Houston said.

He then sits down, sighs, and can be heard saying: "Oh God."

"What was that?" the judge said.

"There, I sat down," Houston said. "OK, you're the powerful judge."

"You are pushing the envelope, Mr. Houston," the judge said, pointing to her bailiff.

"OK, I see him," Houston said. "Do what you got to do."

"What are you making?" the judge said.

"You are making the big deal out of this, not me," Houston said, standing and yelling at the judge. "I simply said you missed the point."

Pomrenze then said she's not going to allow Houston's conduct in her courtroom, and Houston asked for a new court date.

"OK, but in the meantime you are going to pay $500 to the Clark County law library fund," Pomrenze said.

"For what?" said Houston, who demands a hearing and a written order so he can appeal to the Nevada Supreme Court.

Pomrenze said she's found Houston in direct contempt of court, and will issue a written order.

"OK, let's do it. Go ahead and appeal that," Pomrenze said. "Have at it."

"But if you engage in that conduct again, I may just stick you in a holding cell to cool down," the judge said. "Because I won't, I will not. Maybe other judges will take those type of antics in the courtroom. I will not."

Houston then stands up and said the judge misinterpreted what he said as a rude remark.

"It was not a rude remark," Houston said. "It was never meant to be a rude remark. You took it that way.

"You got all defensive," Houston said. "I can't help it if you have some psychological thing that made you all defensive. I didn't mean it rude. I'm sorry."

"(Bailiff,) get out handcuffs," Pomrenze said. "He's in a holding cell the rest of the day."

A moment later, Houston is handcuffed and led away.

Robert Lofton, the man who is representing himself in the divorce proceedings with Houston's client, is then pictured smiling as Houston is led away in cuffs.


JANE ANN MORRISON
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