Superwoops
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Superwoops
Public Defender
- Joined
- Jan 3, 2025
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Username: Superwoops
I am representing myself
What Case are you Appealing?: [2025] DCR 96 - Contempt of Court charge
Link to the Original Case: Lawsuit: In Session - Muggy21 v. Riverardd [2025] DCR 96
Basis for Appeal: I am appealing all three contempt charges in the above case where I served as the assigned PD.
Charge 1:
I was dismissed as PD, which prompts the Public Defense Director (hereafter called PDD) to assign a Public Defender again. I was dismissed again, and given a warning to not speak again. I was re-reassigned as the Public Defender. Because I now was Defense counsel once more, I responded to a motion (Magistrate Vennefly had instructed that the new PD respond to the motion immediately). Without having been given lawful warning, I was charged with contempt.
While a warning was given, Section III(2) of the CCA does not apply. It specifically reads"gives a lawful order". The order stopped being lawful as soon as I was reassigned as a Public Defender. Note that there is nothing stopping the PDD from reassigning the same PD to a case, especially when dismissal for PD competence is wholly unjustified. I fulfilled my duties as PD, especially by looking at Rule 6.5(1) of the Court Rules of Procedure, which states that I must "Attempt to move the matter favorably in their client’s situation, even settling if needed." It is assumed (because it is never stated outright) that this is the sub-rule I was dismissed for. I did attempt to move the matter favourably, as the whole settlement would only have cost my client the $800 in his name, which one can easily earn through a day of voting rewards. This settlement also removed the apology required by the prayer for relief.
Perhaps more worryingly, Magistrate Vennefly appeared to be under the impression that they are entitled to perform the duties of the Public Defense Director by hand-picking the Public Defenders that take said case. The Constitution states that "he Judicial arm of Government shall also establish and maintain a Public Defender program to provide the assistance of legal counsel." It also states that "Only text physically contained within the Constitution itself may be considered a part of the Constitution.". The Judiciary has already fulfilled its duty by establishing a program, naming a PDD and maintaining it by providing funds for the payment of PDs. That is it. We cannot add meaning to the Constitution when it is not there. It specifically does not say "run" the program for a reason. To fill in the blank of "who runs the PD program?" the answer can be found in the Public Defender Director EOI form, created by the Judiciary. Within it, the PDD's role is to "Manage and supervise attorneys, staff, and support personnel within the Public Defender's office."
Charge 2 & 3:
After being held in contempt, I filed more motions. Note that the contempt charge did not include a warning, although it could be implied that the charge itself is a warning.
In any case, this is not my argument. I filed more motions, as I was not re-dismissed by the Presiding Officer after that last time when the PDD publicly and privately reassured I was the assigned PD. Again, the order was not a lawful one, and as such I was certain I could remain involved in the case.
Additionally, I move for the conduct strike attached to the third contempt charge to be struck. It is unreasonable to suggest that the Judicial Officer was satisfied my conduct reflected negatively on the legal profession as a whole. At most, I was attempting to fight for the rights of my client amidst a situation where the Honourable Magistrate was attempting to interfere with the process of reaching a settlement agreement. Moreover, Public Defenders expressly have the authority to sign these types of agreements on their client's behalf.
Supporting Evidence: I would like to submit the conversation between me and the PDD in the Court Discord, but I am not sure if said channels are classified so I will hold off for now.