Handcuffed public defender wants contempt charge thrown out

The case against a man who was sent to jail while his public defender sat handcuffed and silenced by a Las Vegas judge was closed Thursday.

Meanwhile, attorneys for public defender Zohra Bakhtary argued in court papers that Las Vegas Justice of the Peace Conrad Hafen “manifestly abused his discretion” and asked another judge to throw out a contempt filing Hafen issued against Bakhtary after he ordered her taken into custody.

Daniel Fernandez was jailed in May after Hafen had Bakhtary handcuffed in court.

Las Vegas Justice of the Peace Cynthia Cruz found Thursday that Fernandez had completed community service and gave him credit for 57 days he served in jail on a larceny charge.

Defense lawyers had argued that Hafen had deprived Fernandez of his Sixth Amendment right to an attorney at a crucial moment.

Before being restrained, Bakhtary tried to argue that Fernandez, 29, should not be jailed, but Hafen told her to “be quiet.”

After Bakhtary proceeded to interject, Hafen ordered a court marshal to take her into custody.

Hafen later wrote in a contempt order that Bakhtary displayed “disorderly, contemptuous or insolent behavior” and that he had “asked defense counsel on numerous times/occasions to not interrupt” him while he was issuing his decision.

Bakhtary has said that she was not trying to argue with the judge.

“At this time, we do not believe she behaved in any way that constitutes contempt,” her attorney Colleen McCarty said. “We have asked the court to vacate judge Hafen’s order.”

Nick Crosby, a lawyer representing Hafen, declined to comment Thursday.

Hafen ordered Bakhtary released from the handcuffs after about three minutes, then declared that she had “learned a lesson.”

The Las Vegas justice of the peace lost his bid for re-election in the June 14 primary election against longtime defense lawyer Amy Chelini, who takes office Jan. 1.

A hearing is set for Aug. 2 on Bakhtary’s petition to have the contempt charge dismissed.

Contact David Ferrara at dferrara@reviewjournal.com or 702-380-1039. Find @randompoker on Twitter.