09/03/98 -- JUDGE ALLOWS UNLICENSED LAWYER TO ARGUE IN HIS COURTROOM
WASHINGTON, D.C., September 3 -- D.C. Superior Court Judge John H. Bayly Jr. allowed a lawyer to argue in his courtroom although his license to practice law had been suspended.
Records at the District of Columbia Bar indicated that Eric N. Miller' s license had been suspended when he appeared in Bayly's courtroom representing the Jefferson Davis Camp No. 305 of the Sons of Confederate Veterans. The former president of the Bar Association of the District of Columbia, Herbert Harmon, was present in the courtroom on July 12 when Miller began his representation by arguing before the Judge Bayly.
John Edward Hurley, president of the Confederate Memorial Association that is being sued by the Sons of Confederate Veterans, said that he had repeatedly called for Judge Bayly to recuse himself because of numerous conflicts. "Now," Hurley said, "we have Judge Bayly deliberately participating in what could be a criminal RICO against our organization."
Hurley said that Judge Bayly never asked for a notice of appearance from Miller. "Since judges are required to do this before lawyers appear on cases they hear, it looks very much like the judge is aware that Miller has no license," Hurley said.
Hurley also complained that Judge Bayly was not noting his hearings on the courtroom calendar, which he believes is a further indication that "much is awry with our ten-year-old case." According to Hurley, the litigation has resulted in the closing of the century-old Confederate Memorial Hall museum and library in downtown Washington.
Judge Bayly jailed Hurley for refusing to pay what Hurley said were fraudulent costs assessed against him and which Hurley describes as "actually part of a political money-laundering operation that used the restoration of an Arlington National Cemetery monument as a cover." A check signed by Herbert Harmon returned nearly $22,000 of the $30,000 assessment ordered by Judge Bayly.
"Checkbook justice by political contributors is what we are witnessing here," Hurley said. He added that he was urging Attorney General Janet Reno to include this case in her campaign-fundraising investigation.
The Association's Website address is www.confederate.org.