Contempt charge dropped
Attorney faces misconduct allegations
A Palm Beach County assistant public defender no longer faces a contempt-charge, but she still is fighting professional misconduct allegations.
Circuit Judge Peter D. Blanc on Friday dismissed the misdemeanor charge against Elizabeth Ramsey, in response to a request filed last week by a special prosecutor.
The charge was filed last December by Circuit Judge Jack Schramm Cox, who accused Ramsey of violating an order banning anyone from using transcripts of phone calls made by a jail inmate, Frederick Cobia.
The matter came up as Ramsey was preparing her of Jamal Smith, 24, who is charged with firstdegree murder and robbery and who has been standing trial since Monday.
Ramsey was challenging Cobia’s statements about an alleged murder confession by Smith; but prosecutors on Thursday told Circuit Judge Charles Burton they would not be putting the so-called “snitch” on the witness stand. Push to dismiss charge
Prosecutor Donald Richardson asked Blanc to dismiss the charge against Ramsey because “there is no evidence she intentionally disobeyed the court order.”
Richardson also wrote that because the transcripts were filed under court seal they never be defense
came public and the court’s orderwas not violated.
“Simply put, the defendant cannot be criminally prosecuted,” hewrote.
Ramsey’s attorney, Donnie Murrell, also had asked Blanc to dismiss the charge.
After Ramsey was hit with the contempt count, a state appeals court voided Cox’s confidentiality order on the transcripts.
A judge’s accusations
Ramsey continues to face a trial over the misconduct case filed by Cox in civil court in January.
The judge’s petition accused Ramsey of unprofessional behavior during an Oct. 5 deposition and a Dec. 30 hearing for Smith’s case. Ramsey faces possible sanctions of a reprimand, probation, suspension or disbarment.
In the petition, Cox stated that Ramsey told witness Cobia his deposition testimony was “ludicrous,” laughed at him and said she was “probably not” done laughing at him.
Cox reported that during the subsequent hearing, Ramsey tried to “knowingly or through callous indifference disparage, humiliate and attempt to intimidate” Cobia.
This appears to refer to Ramsey’s decision, at the Dec. 30 hearing, to use a phone call of a private conversation between Cobia and his daughter.
Cox also alleged Ramsey laughed at Cobia and pretended to put her finger down her throat in a “gagging gesture” during the same hearing.
“The actions of attorney Ramsey subvert the administration of justice and undermine the public’s confidence in our system of justice,” Coxwrote, adding that “substantial questions are raised as to her fitness as a lawyer.”
Instead of making these allegations in a Florida Bar complaint to be reviewed at first by other lawyers, Cox opted to file a rare petition so one of his colleagues on the benchwould determine Ramsey’s fate.
The judge made this move under a Florida Supreme Court rule not used in any state courthouse since 1991.
Peg O’Connor, Ramsey’s Gainesville-based attorney, has noted the gagging allegation is based onthe observation of a single court deputy.
At most, the allegations against Ramsey could be something for the Palm Beach County Bar Association’s professionalism committee to review, O’Connor has argued.
Judge Blanc has scheduled a hearing in the case on Oct. 19.