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Drama of delay-requesting lawyer resumes
Friday, August 24, 2007

A public defender was jailed by an Ohio judge last week after asking for a delay in a criminal trial because he hadn't had time to prepare a defense.

Rookie Public Defender Brian Jones had just 2 1/2 hours to prepare for a misdemeanor assault trial that was placed on his already crowded docket. Feeling unsteady, he told Portage County Municipal Judge John Plough he could not try a case he knew so little about.

Judge Plough did not like what he heard. He ordered sheriff's deputies to arrest Mr. Jones for contempt and take him to jail.

Mr. Jones spent five hours in a cell before friends posted bail for him.

The confrontation between Judge Plough and Mr. Jones will continue this afternoon. They will meet again in a contempt-of-court hearing in Kent, Ohio. A fellow public defender will represent Mr. Jones, who says he was trying to do his job conscientiously when he asked for a delay in the trial.

Judge Plough did not return messages left at his chambers, but he has said his job is to keep the wheels of justice turning, regardless of lawyers' requests.

He said Mr. Jones' client in the assault case, 20-year-old Jordan Scott, had a trial date scheduled for two months.

But Mr. Scott neglected to hire a lawyer or tell the judge he was indigent and needed a public defender until his trial was about to begin. That was when Mr. Jones received word he was to represent Mr. Scott.

Given the circumstances, Mr. Jones said he could not do a good job for his new client.

Judge Plough, though, did not want to hear excuses from a defense lawyer, even one who scarcely had time to introduce himself to the accused.

In an interview yesterday, Mr. Jones said he was not surprised the judge had him removed from the courtroom and jailed.

"I kind of saw where it was going after I got the case and asked for a continuance," he said.

Mr. Scott's trial was scheduled for 11 a.m. Aug. 16. Judge Plough agreed to push back the starting time to 1:30 p.m., giving Mr. Jones what amounted to a long lunch break to prepare.

The case had a final irony.

Mr. Jones said he did not receive the formal order assigning him the Scott case until after he was jailed for contempt. It arrived Aug. 17 -- the day after the trial was to start.

Mr. Jones became a public defender in May and quickly learned that a heavy caseload is part of the job. He said the Scott case was one of seven he was juggling the day the trial was to start.

He decided he could not provide good representation to the defendant under those conditions, so he spoke up.

Judge Plough previously threatened another public defender, Robin Bostick, with contempt when they clashed over how much time was necessary to prepare for a case.

As for defendant Mr. Scott, he is to stand trial today before Judge Plough. His case is to be heard before the contempt hearing of Mr. Jones.



First published at PG NOW on August 23, 2007 at 11:49 pm
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