Johnson v. Johnson

14 V.I. 466, 1977 U.S. Dist. LEXIS 6031
CourtDistrict Court, Virgin Islands
DecidedDecember 27, 1977
DocketCivil No. 270/1968
StatusPublished
Cited by2 cases

This text of 14 V.I. 466 (Johnson v. Johnson) is published on Counsel Stack Legal Research, covering District Court, Virgin Islands primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. Johnson, 14 V.I. 466, 1977 U.S. Dist. LEXIS 6031 (vid 1977).

Opinion

SILVERLIGHT, Judge

MEMORANDUM OPINION AND ORDER

No purpose would be served in the case sub judice by outlining with particularity a diary of the events which make up the course of the tortuous, winding and hazardous path from marriage through divorce covering the past ten years, more or less. Suffice it to say that the latest steps pertinent to this opinion included my disposition of a series of motions heard on November 2, 1977, as the District Court sitting by designation. All of these motions were the subject matter of a series of formal orders entered by this Court on November 3, 1977, which left for disposition only [470]*470issues arising oiit of-an alleged contempt of court by-plaintiff for failure to comply with" the previous court orders, a determination of the balance of alimony due, if any, and approval or disapproval ’of an attorney’s, fee- claimed .by defendant’s attorney forservicés rendered to his client* the propriety of which defendant challenges.

Amongst the issues décided -was the refusal of this Court to allow Attorney Padilla to withdraw as counsel for the defendant as to any of the issues disposed of with finality on November 3, 1977,1 and its requirement that he remain present in court and at counsel table to assist defendant in her presentation of her position on a pro se basis. This arrangement was with the- concurrence of the defendant who thereafter fully participated in the argument of all matters as did her counsel, in a hearing which lasted only a few minutes short of four hours.

The matter presented for disposition today arises out of the entry of an order on November 3,'1977, which provided in pertinent part, “The question of the reasonableness :of the attorney’s fees .is .reseryed .to .be determined at a plenary hearing on the 18th day of November, 1977, at 2:00 p.m.”

At the appointed time and place, defendant failed to appear but, instead, sent as -her representative an individual who, although not a member of the bar, was given an opportunity to address the CoUrt on behalf of defendant. The substance of his comments was a request for continuance, ostensibly because defendant had suffered a near drowning a week earlier and had gone to the hospital.

• Because the writer had seen this defendant on' the street a relatively short time before the date of this hearing, some doubt entered his mind as to her hospitalization, and a telephone call was made to the Charles Harwood Me[471]*471morial. Hospital where it was ascertained'that, although the-: defendant had presented herself for .the purpose of attempting to maké an appointment with Dr. Hendricks at the Mental Health Clinic during the morning hours, she had voluntarily .departed the premises, had never been treated, had never been admitted, and-, in fact, had had no direct contact with the hospital for at least a period which reached back to a point prior to her “near drowning.” When this information was called to the attention of defendant’s representative, he changed his position entirely, and sought the continuance on other grounds.

This Court, at that point, recalled to mind some language which appeared to it to be particularly applicable to the matter which was then unfolding before it. In an opinion in Martinez-McBean v. A.F.T. and A.F.L.-C.I.O., D.C.V.I, St. Croix, Civil No. 912/1974, filed on June 24, 1976, by the Honorable Warren H. Young, the Court said:

‘This Court is as mindful as the next that the legal work of pro se'petitioners should be' liberally construed. And I have hitherto been pátient with and gone to great lengths not to discourage the jurisprudential efforts of parties who seek to redress their real or imagined grievances without the benefit of counsel’s assistance. For'not only do private persons have a constitutional and statutory right to represent themselves (28 U.S.C. 1654, Hutter Northern Trust v. Door County Chamber of Commerce, 467 F.2d 1075 (7th Cir. 1972), and Faretta v. California, 422 U.S. 806 (1975)), but frequently counsel may be unavailable, particularly in a small community where close-knit ties between members of the local Bar Association are sufficiently strong to overwhelm the profit motive.
Nevertheless, there is an ill-defined limit beyond which this Court cannot be pushed. And while that line of demarcation may be difficult to delineate, this Court “knows it when it sees it.” That line, it must be emphasized, has long been crossed in the matter sub judice. Were this litigation to involve anyone other than the present pro se petitioner par excellence I would merely issue an Order summarily disposing of the four motions which have, been presented to me for decision.

[472]*472The language above was recited at length for its application herein, and for the edification of all those who may similarly attempt to tax the patience of this Court or any other arm of the judiciary.

As did Judge Young in that case, I, too, apparently,

resolved the Scylla and Charybdis dilemma — insuring that form did not dominate substance and that each and every litigant had his day in court vs. seeking to discourage frivolous and unfounded claims which can only serve to further clog an already over-worked judicial machinery — incorrectly or inequitably in (t)his instance. It is for that reason that I reach herein arguments which, strictly speaking, should be res judicata...

Martinez-McBean v. A.F.T. and A.F.L.-C.I.O., supra, at fn. 1.

It is for this reason that I granted the continuance upon the express conditions which I now quote verbatim from a partial transcript of my remarks from the bench:

Taking those facts into consideration, I am going to give Mrs. Johnson until December 2. I would not give her that long excepting that November 25 happens to be the day after Thanksgiving and I feel that it is an unfair period to attempt to get any work done, so I am going to give her until December 2 which is a full two weeks again, during which time she will respond in writing or under oath, any motion she cares to submit which is directed solely to the issue of reasonableness or unreasonableness of your request for $800 in counsel fees. In order that there be no misunderstanding of the limitations of what I am directing, I am going to ask the Court Reporter to transcribe only that particular portion of my comments. If I have not received from Mrs. Johnson by December 2 such a pleading under oath, I will simply proceed to decide the motion on the pleadings before me.2

Nothing was received by way of pleadings from defendant until December 2, at which time a paper writing (and [473]*473I know of no other way to describe it) entitled, “Response to Excerpt of November 18 Hearing (transcript)” was filed with the Court, and thereafter, on December 6, three supplemental pages to that paper writing were likewise filed with the Court.

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Bluebook (online)
14 V.I. 466, 1977 U.S. Dist. LEXIS 6031, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-johnson-vid-1977.