Attorneys' antics test patience of court

An attorney representing a controversial Ogden defense attorney came close to pushing the patience of the Utah Supreme Court during oral arguments Wednesday.

Taking a break from being special prosecutor in the trial of former Salt Lake County Mayor Nancy Workman, Michael Martinez put on his defense attorney hat to represent defense attorney Geoffrey Clark, who was found in contempt of court by an Ogden judge and served 30 days in jail for his alleged unprofessional behavior during a murder trial in 2002.

However, it was Martinez's own behavior that was brought into question during oral arguments.

Associate Chief Supreme Court Justice Michael Wilkins said he found Martinez's brief "significantly disrespectful" in suggesting that 2nd District Judge Ernie Jones be incarcerated for finding Clark in contempt.

Martinez said the issue was, at what point does a criminal defense attorney, in zealously defending his client, cross the line into the area of contempt? He then said he planned to come dressed in jeans and a T-shirt to the highest court in the state to prove his point.

Justices warned he was coming dangerously close to questionable behavior himself. Chief Justice Christine Durham questioned what wearing jeans and a T-shirt had to do with defending his client.

Clark was ordered to serve jail time after Judge Jones accused the attorney of contemptuous and sometimes deceitful tactics during a 2002 murder trial. During the trial Clark allegedly told the jury about a toxicology report that showed that the deceased victim, who was allegedly stabbed by his client, had trace amounts of a stimulant, possibly cocaine or a diet supplement. However, the judge had told Clark prior to trial that the evidence could not be allowed unless Clark produced a witness who saw the victim use drugs.

Clark also shook a rolled-up paper at a witness when trying to find out if she had any alcohol-related convictions. In his contempt ruling, Jones said Clark had tried to deceive the witness into thinking the document had something to do with her.

In closing arguments Clark took a sweatshirt of the defendant and held it up to the jury. Jones said people could hear some seams pop and tear. This was significant because police said there was no sign of a struggle on the suspect's clothing, but Clark had claimed the stabbing was in self-defense. He also told the jury his client was 5-foot-2, but his client was 5-foot-7.

Clark has had a checkered career as a defense attorney. In 1999 a jury found Clark innocent of allegedly assaulting a serial rape suspect he was representing. Clark had been charged with slapping Jason Higgins in the chest during a heated argument in the Weber County Jail.