Lawyer Banned From Courthouse

A Macomb County [MI] defense lawyer is banned from the very court building where he conducts much of his legal practice following an alleged confrontation with security personnel near the building Wednesday.

Timothy S. Barkovic, a St. Clair Shores-based lawyer, was ordered "excluded" from Macomb County Circuit Court following a brief security hearing before Chief Circuit Judge Antonio P. Viviano.

At issue was Barkovic's alleged refusal to put personal effects into a tray on a conveyer belt for examination, and loud or combative language with members of the county Protective Services Office, better known as the "bluecoats" who oversee courthouse security.

"I'm informed this was not the first time this has happened," Viviano said of the incident Wednesday morning as Barkovic was entering the court to resume a jury trial before another judge. "When someone is actively distracting the very people who are in charge of our security, that places us all in danger. That can't be tolerated."

Although from the article it appears that Mr. Barkovic may be a bit of an asshole, I'm not sure that "excluding" a criminal defense attorney from the courthouse when he's in the middle of a jury trial is a very good move. What about the defendant's rights? Details here from the Macomb Daily.

Comments

[Michael L. Steinberg, Esq]

I was at Tim's show cause this morning. Judge Viviano, CJ, amended the Order allowing Tim into the building, but barring him from entering on the first floor and barring him from being on the first floor, including the county clerk's office. Ken Mogill came with some case law reporting that there was a case reported at 412 Mich something or other that the Court could not preclude a licensed attorney from entering the court house. Judge Viviano countered that he read an administrative order from 1999 charging him, as chief judge, to issue such an order when the safety and livelihood of others was in jeopardy. He invited Mr. Mogill to take the matter up on appeal if he felt the order was improper. He further served Mr. Mogill with a transcript of the ex parte proceedings of 29 June where three officers of the Protective Services had testified to the alleged behavior. The Court informed Mr. Mogill on the record that there are reports of 12 incidents of misconduct and that they would become part of the proceedings to be held. See infra. Last, he served Mogill with a transcript of the testimony of Judge Switalski's secretary where she testified that Mr. Barkovic was notified that the order barring his admission to the building had been amended to allow Barkovic into the building to continue his trial. Whether that would supercede a written order of the court remains to be seen. Mr. Mogill informed the court that he would be filing a motion to dismiss the show cause based on the case he presented but was not allowed to argue. A hearing has been set for 14 July 2005 at 9:00 to litigate the merits of the original and amended order.

I know Tim well and will not comment on his behavior as I refuse to believe hearsay and innuendo. However, I do have concerns when a court limits an attorney to freely enter a building, conduct business in the county court house, etc, when there has only been an ex parte hearing and no order of discipline by the State Bar. It has a chilling effect on our defense community because not all of us are popular with the authorities and we represent unpopular views.

Michael L. Steinberg, EsqMt. Clemens, MI

[Pete Gruich]

Sounds like a little bit of sour grapes on the part of the so called "authorities". Tim been giving you guys a hard time in court or are you just defending the "Homeland"? Or is it "Fatherland"?

[danielle]

Tim was my attorney a few years ago, and I can say from personal experience, his professionalism is lacking. You are in a court of law, just follow the rules. He would show up very late for my hearings, speak out of turn and frankly piss off my judge. I truly think I would have been better off going with a court appointed attorney. The $5,000 I paid for him wasn't worth anything.

[john]

you should just bar him forever!!! stop waisting the tax payers money!