Judges split on lawyer’s status
A day after a state judge opened the doors of her courtroom to controversial attorney James Myart, a federal judge slammed shut the doors to his courtroom.
Myart is fighting the courts to allow him to represent five Las Vegas Valley families whose loved ones were injured or killed by police or security guards. But to represent the families, the boisterous Texas-based civil rights lawyer needs permission from each judge presiding over the pending cases.
Myart descended on Las Vegas just more than a year ago and quickly earned a reputation for theatrics inside and outside the courtroom.
He embraces the media.
He slams the police.
He has drawn the ire of local attorneys.
On Tuesday, District Judge Sharon Johnson granted Myart permission to represent Jelena Basic, the fiancée of Peter James Lawrence and his child. Lawrence died in 2005 during a struggle with bouncers at the Krave nightclub in Las Vegas.
Jelena Basic claims bouncers used excessive force against Lawrence by applying a chokehold, possibly beating him and restraining him in handcuffs. Witnesses claim Lawrence was violent and aggressive toward the bouncers.
Basic and Myart celebrated Johnson’s decision outside the Regional Justice Center.
On Thursday, another Myart client, Thomas Oden, received bad news. U.S. District Judge Kent Dawson denied Myart’s application, saying Myart was misleading and dishonest during a hearing regarding his behavior during a January coroner’s inquest.
During that inquest, Myart dropped to his knees, clasped his hands and referred to hearing master Lanny Waite as “your highness.” Myart told Dawson he meant no disrespect and that he slipped. He intended to say “your honor,” Myart said.
Dawson heard Myart’s version of the event as well as Waite’s account. In the end, he believed Waite.
“The hearing master testified petitioner’s conduct was not only disrespectful and disruptive, but also in violation of provisions of the county code regarding coroner’s inquest hearings and constituted the unauthorized practice of law,” Dawson wrote.
Dawson criticized Myart for engaging in “additional acts prejudicial to the administration of justice,” after the April hearing. He cited as examples the submission of autopsy photos and letters of support from his clients.
Dawson also noted a news release issued by Myart shortly before the January coroner’s inquest. His statement read, “The community, black, brown and white, will swamp the coroner’s inquest … not as observers but in sheer social protest to an obviously biased process masquerading as an impartial court of law, one held only for one purpose, to protect METRO and the sheriff.”
The judge also cited complaints filed against Myart with the Texas Bar. About a decade ago, Myart was suspended from practicing in Texas for four years. He has never elaborated on the reasons behind the suspension, but said he has learned from it.
Oden’s trial will go forward before Dawson, and the defendant said Thursday that he hopes he can do something to keep his attorney of choice.
Oden claims that in July 2006, he was misidentified as a robber who police were pursuing. As officers approached him, he ran because he had a gun in his pocket. Oden said he tossed the gun as he ran and held his hands up. That is when he was shot in the back, he said.
Oden said he sought the help of several local attorneys, but no one would touch his case.
“I went to eight people out here, and they don’t even want to fight the police,” Oden said.
Oden said when he contacted Myart, the attorney hopped a flight from San Antonio, Texas, to Las Vegas.
“I have the right to pick my lawyer and I can’t have the lawyer I want,” Oden said. “That’s messed up. I’m very frustrated.”
Oden said he hopes to meet with Dawson in person to discuss his plight.
It is unclear how different opinions from a state judge and federal judge will affect the remaining two applications Myart has before U.S. District Judges James Mahan and Brian Sandoval.
Myart has declined to be interviewed since he appeared at the April hearing before Dawson.
In a prepared statement released Thursday, Myart said, “I have the utmost respect for the United States District Court of Nevada and America’s judicial system. I have the utmost respect and the deepest concern for the rights of Mr. Thomas Oden and his family.”
Myart also noted in a prepared statement that the 9th U.S. Circuit Court of Appeals has granted his application to appear before it.
