Judge Throws Book at Lawyer, Orders a Copy

A judge has given a defense attorney homework as punishment for wasting the court’s time in a case involving a high school teacher accused of sexual abuse.

U.S. District Judge Frederic N. Smalkin gave attorney Timothy F. Umbreit 30 days to copy a portion of a textbook on federal law--legibly and in longhand.

The punishment stemmed from Umbreit’s efforts to keep secret the details of a movie deal signed by Ronald Price. The former Northeast High School teacher is facing three charges for his admitted sexual relationships with at least eight students.

Umbreit wanted the court to consider whether his client’s right to free speech was violated when Maryland’s attorney general used a state law to seek any money Price gained from books or movies about his case.

An irritated Smalkin threatened to fine the lawyer $2,500, and demanded an explanation of why Umbreit had wasted the federal court’s time for a matter that belonged in state court.

Umbreit’s written response, that he was acting on the advice of a court clerk, clearly didn’t satisfy the judge.

“The improper filing here resulted as much or more from ignorance of the law as from anything else,” the judge said in an order handed down last week. He then imposed a penalty he said would educate the attorney.

Umbreit laughed when asked about the order and said he intends to comply. “I think it is a very Solomon-like decision,” he said.

Meanwhile in state court, a judge ruled that Price’s rights were violated, and Maryland Atty. Gen. Joseph Curran Jr. has appealed.