In re Giampa

147 Misc. 2d 397, 555 N.Y.S.2d 555, 1990 N.Y. Misc. LEXIS 210
CourtNew York Supreme Court
DecidedApril 16, 1990
StatusPublished
Cited by2 cases

This text of 147 Misc. 2d 397 (In re Giampa) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Giampa, 147 Misc. 2d 397, 555 N.Y.S.2d 555, 1990 N.Y. Misc. LEXIS 210 (N.Y. Super. Ct. 1990).

Opinion

OPINION OF THE COURT

Gerald Sheindlin, J.

Francisco Torres, also known as Alfredo Maldonado, was indicted and brought to trial before a jury for the crime of criminal sale of a controlled substance in the third degree, a class B felony. Richard L. Giampa, Esq., was assigned to represent the defendant pursuant to County Law article 18-B. After the trial, the defendant was convicted of the top charge of the indictment and was subsequently sentenced to a period of incarceration. Now, defense counsel submits an expense voucher, pursuant to article 18-B, for the .sum of $3,927.50. The issue presented to this court is how much, if any, of defense counsel’s fee request should be granted, considering the fact that the trial proceedings were unnecessarily prolonged by Mr. Giampa’s contemptuous and unprofessional behavior. Due to the outlandish conduct of Mr. Giampa, as hereinafter noted, which resulted in a finding of contempt (which cannot be purged), the punishment for which was subsequently expunged, this court reluctantly approves only the amount authorized by statute, to wit, $1,200, but no more. Any greater award would be tantamount to rewarding a blatant disregard of the rules regarding the conduct of attorneys. It would be using public funds to foster and promote such unacceptable behavior.

DISCUSSION

As a threshold matter, this court notes that it expects and welcomes intense advocacy in the courtroom. However, a distinction must be made between intense advocacy and contumacious refusals to obey a court’s lawful orders. This court distinguishes between the type of unacceptable abandonment of professional conduct, as demonstrated by Mr. Giampa in the instant case, and vigorous, intense advocacy (cf., Matter of Rotwein [Goodman], 291 NY 116 [1943]; cf., People v Walker, 135 Misc 2d 370 [Sup Ct, Bronx County 1987]). Indeed, this court is mindful that long, burdensome arguments can be the hallmark of excellent advocacy and in-depth preparation. However, in the case at bar, this court is not dealing with mere repetition or prolonged arguments, but rather with a [399]*399consciously employed, persistent and pernicious pattern of contemptuous behavior which cannot be tolerated.

The trial of Mr. Torres was permeated with insolent behavior by Mr. Giampa. During the proceedings, defense counsel consistently made sarcastic and derogatory remarks to the court such as:

"I’m not infallible like your Honor * * *
"You [the court] don’t want to hear objections because you are well-knowing * * *
"[T]he difference [between you and I] is Your Honor is not aware that he makes errors * * *
"Obviously the law is foreign to Your Honor in many respects.”

Mr. Giampa also saw fit to inform the Bench that this court’s manner of conducting voir dire was "offensive”, that a court ruling was "unbecoming” and that the "Judicial Code also deals with judges.” Despite repeated and detailed warnings by the court, Mr. Giampa continued in this insolent vein and made the accusation that the court’s primary concern in trying the case was "so maybe the statistics can get in.”

Finally, in the most bizarre, strange and deliberate excoriation of the court, Mr. Giampa referred to this Judge in open court as a "wild lunatic”. Mr. Giampa was summarily held in contempt. Undaunted by this finding, Mr. Giampa continued his vitriol, and accused this court of lying ("Your statement is an absolute lie”). Mr. Giampa’s comments, made as they were by an experienced and skilled defense counsel, exceeded the bounds of proper advocacy. His comments were made willfully, with the intent to undermine the dignity and authority of the court in such a manner as to render it unable to conduct its normal business in an appropriate manner. This is clearly contemptuous behavior. (See, Matter of Werlin v Goldberg, 129 AD2d 334 [2d Dept 1987]; Matter of Mangiatordi v Hyman, 106 AD2d 576 [2d Dept 1984]; Matter of LaDuca v Bergin, 86 AD2d 983 [4th Dept 1982].)

Notably, Mr. Giampa’s disrespectful comments were not sporadic outbursts. Rather, Mr. Giampa’s disgraceful behavior constituted a carefully chosen trial strategy, the tactics of which were designed to denigrate the dignity of the court. Such tactics served to unduly lengthen the trial. For example, prior to the commencement of voir dire, this court advised both counsels of the procedures which were to be used in jury selection. Then, in violation of the court’s directive to conduct [400]*400the voir dire in an orderly manner, Mr. Giampa began his questioning by informing the jury: "I am a lawyer and the Judge is a lawyer with a political appointment to the bench.” Despite this court’s specific instruction that defense counsel refrain from making this baseless and inappropriate remark, Mr. Giampa was not to be deterred. In willful disobedience of this court’s lawful mandate, he continued to engage in this line of commentary.

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Related

People v. Gonzalez
251 A.D.2d 51 (Appellate Division of the Supreme Court of New York, 1998)
People v. Torres
182 A.D.2d 461 (Appellate Division of the Supreme Court of New York, 1992)

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Bluebook (online)
147 Misc. 2d 397, 555 N.Y.S.2d 555, 1990 N.Y. Misc. LEXIS 210, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-giampa-nysupct-1990.