Another Post decision facing appeal

GRAND RAPIDS, Mich. (WOOD) - Ottawa County District Judge Kenneth Post is being challenged by another attorney who said Post never gave his client a fair chance to plead his case.
 
Post, a judge in the 58th District Court in Hudsonville, recently held an attorney in contempt of court because the attorney told his client not to answer one of Post's questions on the ground that it could incriminate him.
 
But that isn't the first time Post has faced scrutiny. Post has been called "the hanging judge" -- specifically in connection to minor in possession cases.
 
Post is known for making offenders jump through hoops if they intend to plead not guilty.
 
Now, another Grand Rapids attorney is saying that Post isn't giving fair consideration to a state law that cuts minor offenders a break.
 
The Holmes Youthful Trainee Act allows juvenile offenders one chance to wipe their records clean if they serve probation, pay fines and stay out of trouble.
 
"It recognizes that young kids do immature things," attorney Matt DeLange told 24 Hour News 8.
 
Many judges grant the request to expunge a first offender's juvenile record.
 
But when DeLange's client, an 18-year-old college student who was caught stealing two shirts that had a value of less than $75 from a college bookstore, asked for the chance to expunge his record, he didn't get it -- even though he'd pleaded guilty and expressed remorse for his actions in court.
 
"Judge Post simply stated, 'No, sir. Thank you,'" said DeLange.
 
DeLange said that wasn't reasonable.
 
"All he wanted to do was put his life back together -- to be able to do whatever it took to demonstrate that this was outside of his character."
 
Post ordered the defendant to pay a fine. He received no probation, but he also wasn't going to get a break on his record.
 
The misdemeanor -- a criminal offense -- will remain permanently on the man's record. It is something that will likely show up in any criminal background check.
 
"When you're looking to getting your first job in five years, that is a big thing to have on your record," DeLange said.
 
DeLange said Post's refusal to consider the Holmes request is out of line, especially considering that there are juveniles who get their records expunged after refusing to admit guilt and demanding a full, costly trial. Sometimes, their crimes are more serious than that of DeLange's client.
 
"We're talking about the good kids, who right after they're caught admit what they did," said DeLange, "They're sorry for what they did and want to take responsibility for what they did."
 
Judge Post could not be reached for comment Thursday.
 
"This is not the first time I requested Holmes," DeLange said. "I don't think Judge Post ever granted Holmes."
 
DeLange hopes that a circuit judge will order Post to spell out his criteria for denying the Holmes request. DeLange thinks it is the first time someone is challenging Post on the issue.
 
DeLange feels so strongly about the issue that he's appealing the case for free.  
 
Oral arguments are scheduled for Jan. 9 before before Ottawa County Circuit Court Judge Jon Van Allsburg.