Judge Post's contempt ruling overturned

GRAND HAVEN, Mich. (WOOD) - An Ottawa County circuit court judge on Monday overturned a ruling that held an attorney in contempt of court for advising his client to exercise his right to remain silent.
 
On Dec. 2, 2011, Scott Millard was defending a client who was being arraigned in front Judge Kenneth Post for being a minor in possession of alcohol. When the Hudsonville-based judge asked the client if he'd recently used illegal drugs, Millard stated that his client would be standing mute to the question.
 
The judge went on to ask the question repeatedly, with Millard giving the same response. Eventually, the judge held Millard in contempt of court and ordered him to jail. Millard was released a short time later after a judge granted him an emergency stay.
 
In an 11-page opinion, Circuit Court Judge Edward Post - no relation to Judge Kenneth Post - explained his decision to overturn Millard's contempt conviction.
 
"...the Court concludes that the trial court ( Judge Kenneth Post) abused its discretion in convicting appellant of contempt of court ... there is no evidence in the record that his assertion of his client's constitutional rights was done willfully with the intent to disrupt the proceedings."
 
It would have been the responsibility of the Ottawa County prosecutors office to defend Judge Kenneth Post's ruling, but no one from that office responded to the appeal or appeared at Monday's hearing.
 
Since the case became public, Millard has received support from several professional organizations including the American Civil Liberties Union and the Ottawa County Bar Association. Judge Kenneth Post belongs to that bar association.

Mallard has also filed a complaint against Post. Now, it's up to the Judicial Tenure Commission to determine if Post will face any punishment.

Post's term is not up until 2016.

There is currently a Facebook page titled "Recall Judge Ken Post of Ottawa County, MI."

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Inside woodtv.com:

Court document regarding Millard's client's arraignment (pdf)

Court document regarding the latest ruling about Millard (pdf)

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24 Hour News 8's Marlee Ginter contributed to this report.