Devi Seitaram, Young Thug’s Lawyer Files to Remove Judge Glanville From YSL Trial Over Secret Meeting, URBANISLANDZ (June 18, 2024), https://urbanislandz.com/2024/06/18/young-thugs-lawyer-files-to-remove-judge-glanville-from-ysl-trial-over-secret-meeting/.
Authored by Leslie A. LaTurno
The newest headline in what has been hailed “Georgia’s longest – and unquestionably highest profile – trial in history”[1] has a criminal defense attorney facing jail time alongside his client. Attorney Brian Steel, who is representing rapper Young Thug on racketeering charges, was held in criminal contempt of court by Judge Ural Glanville on June 10, 2024.[2] Attorney Steel was made aware of ex parte communications[3] involving at least Judge Glanville, a Fulton County Prosecutor, and witness Kenneth Copeland, who was offered immunity in return for testimony that would incriminate Young Thug and other members of the “YSL”[4] rap group.[5] Copeland refused to testify and was held in contempt of court and taken into custody.[6] However, following an ex parte meeting with Judge Glanville and Fulton County Prosecutor, Copeland agreed to testify against the defendants. Attorney Steel was made aware of these ex parte communications, to which he confronted the court about the impropriety, and Judge Glanville demanded Attorney Steel disclose where he received the information.[7] Upon refusal, Judge Glanville took Attorney Steel into custody,[8] and he was sentenced to twenty days in jail.[9]
This is not the first incident of this nature, as many attorneys or parties in high profile cases have been held in contempt of court: Bruce Cutler (attorney for John Gotti),[10] Attorney and Civil Activist William Kunstler[11], and esteemed Attorney, F. Lee Bailey[12], to name a few. Contempt originated in fourteenth-century England as a way to preserve the crown, but the American translation of contempt has become an inherently judicial power.[13] Contempt may occur in a direct or indirect fashion. Direct contempt occurs “in the presence of the court”[14] while indirect contempt occurs outside the view or presence of the court.[15] Notably, indirect contempt requires notice and hearing.[16] However, those charged with criminal contempt essentially become criminal defendants themselves and are required due process.[17] The contention around due process and contempt arises when determining if the judge issuing the contempt can be the same judge to rule on the contempt.[18] Should a judge wish to hold any party in contempt, the judge must distinguish if the party should be held in criminal or civil contempt.[19] The nature of the contempt hinges on the purpose of the punishment.[20] However, a judge may only impose a maximum jail sentence of six months and/or a fine of $1,000[21] – unless otherwise reduced by state statute.[22]
Ex parte communications are generally prohibited, except when allowed explicitly by statute. Should one party wish to communicate with the judge ex parte, “notice and opportunity [must] be afforded for the other party to participate.”[23] State judges are governed by the American Bar Association and the canons set forth by their respective state.[24] All attorneys are governed by the rules set forth by the American Bar Association as well.[25] In all instances, ex parte communications between judges and attorneys are improper unless provided by statute.
It is evident that the ex parte communications that occurred between the State, Judge Glanville, and witness Copeland were improper. Defense counsel Steel had the right to be a part of the meeting in chambers or to be given notice that the witness was being met with ex parte and made privy to the grounds for such a meeting.[26] Further, Judge Glanville holding Attorney Steel in direct, criminal contempt of court for not disclosing his source is completely improper. Attorney Steel did not violate an order of the court or impede the court from judicial process, but rather was punished for disobeying the will of Judge Glanville, which is not a valid reason to hold one in criminal contempt.[27] Immediately after being taken into custody, Attorney Steel filed a Motion for Emergency Bond which was immediately granted by the Supreme Court of Georgia.[28] Additionally, Steel appealed the criminal contempt ruling and the Supreme Court of Georgia issued a stay on the jail sentence while the appeal was pending.[29]
As of July 31, 2024, the Georgia Supreme Court has suspended the contempt ruling against Attorney Steel and Judge Glanville has been recused from the case by Judge Rachel Krause.[30] In her order for Judge Glanville’s recusal from Young Thug’s case, Judge Krause deemed that Glanville’s original Order Denying Recusal contained too many allegations and determinations about the case for him to remain an impartial trier of the law.[31] Judge Krause defends the propriety of Judge Glanville’s ex parte meeting.[32] However, the evaluation of the ethical soundness of the ex parte meeting (should it be requested) will be decided by the Judicial Qualifications Commission of Georgia.[33] If found improper, Judge Glanville faces removal from the bench.[34]
Should an attorney face contempt charges, the attorney should determine the setting in which the alleged contempt occurred and the punishment the judge would likely impose to understand the rights afforded. If an attorney believes the judge’s contempt ruling to be improper, they may move for sanctions against the improper parties,[35] appeal the contempt, or file an official complaint to the appropriate Circuit for Federal Judges[36] and the appropriate Judicial Commission for State Judges[37].
[1] See Tim Darnell, Bond granted, no jail time this weekend for Young Thug attorney Brian Steel, Atlanta News First, https://www.atlantanewsfirst.com/2024/06/13/bond-granted-no-jail-time-this-weekend-young-thug-attorney-brian-steel/ (last visited Jul. 31, 2024).
[2]See Young Thug trial: Rapper’s lawyer won’t go to jail after Georgia Supreme Court grants bond, Fox 5 Atlanta (Jun. 13, 2024), https://www.fox5atlanta.com/news/young-thug-trial-brian-steel-jail-georgia-supreme-court-ruling; see also Edward Segarra, Young Thug’s attorney Brian Steel wins jail time appeal for contempt of court: Reports, USA Today, https://www.usatoday.com/story/entertainment/celebrities/2024/06/10/young-thug-lawyer-brian-steel-contempt-of-court/74049610007/ (last visited Jul. 31, 2024).
[3] Ex Parte, Black’s Law Dictionary (12th ed. 2024) (“taken or granted at the instance and for the benefit of one party only, and without notice to or contestation by, any person adversely interested.”).
[4] There are discrepancies as to what “YSL” stands for. Prosecutors allege that “YSL” stands for “Young Slime Life,” which would allude ties to an Atlanta gang. Defendants and witnesses allege “YSL” can stand for a multitude of things, including “Young Stoner Life,” and is merely the name of the label that represents various rap artists. See Defense attorney for rapper Young Thug found in contempt, ordered to spend 10 weeks in jail, AP News, https://apnews.com/article/young-thug-trial-brian-steel-db0fef2b3703d3041e27bfd7be354aa2 (last visited Jul. 31, 2024).
[5] See Defense attorney for rapper Young Thug found in contempt, ordered to spend 10 weeks in jail, AP News, https://apnews.com/article/young-thug-trial-brian-steel-db0fef2b3703d3041e27bfd7be354aa2 (last visited Jul. 31, 2024).
[6]See Ga. Code Ann. § 24-5-507; see also Shaddi Abusaid et al., Young Thug’s lawyer held in contempt, ordered to spend 10 weekends in jail, The Atlanta Journal-Constitution, https://www.ajc.com/news/crime/young-thugs-lawyer-held-in-contempt-taken-into-custody/77NH4GKN7NA27O4G2HL575NSDA/ (last visited Jul. 31, 2024).
[7] AP News, supra note 5.
[8] See Ex Parte Terry, 128 U.S. 289, 313 (1888) (“it is a settled doctrine . . . that for direct contempts committed in the face of the court . . . the offender may, in its discretion, be instantly apprehended and immediately imprisoned, without trial or issue, and without other proof than its actual knowledge of what occurred.”).
[9] See Alexandra Del Rosario, Young Thug’s lawyer avoids 10 weekends in jail as Georgia high court puts order on hold, Los Angeles Times (Jun. 13, 2024) https://www.latimes.com/entertainment-arts/music/story/2024-06-13/young-thug-attorney-contempt-jail-brian-steel.
[10] See United States v. Cutler, 58 F.3d 825, 841 (2d Cir. 1995) (affirming the lower court holding Attorney Cutler in criminal contempt and sentencing him to probation for intentionally violating orders of the court and criminal rules by making comments to the media regarding Gotti’s case).
[11] See Kunstler v. Galligan, 168 A.D.2d 146, 150 (N.Y. App. Div. 1991) (upholding that the Supreme Court of New York was proper in holding Kunstler in summary criminal contempt for calling the Judge a disgrace in open court and on the record, because contempt “committed in its immediate view and presence” is proper “based upon the need to preserve order in the courtroom”).
[12] See United States v. Bailey, 175 F.3d 966, 968-69 (11th Cir. 1999) (finding the time served in Attorney Bailey’s criminal contempt jail sentence for violating court order to turn over client funds from escrow proper and ruling that the trial judge was proper in denying recusal as the appellant did not cite examples of “pervasive bias and prejudice”).
[13] See 18 U.S.C. § 401; see also The Contempt Power of the Federal Courts, Federal Judicial Center https://www.fjc.gov/history/work-courts/contempt-power-federal-courts (last visited Jul. 31, 2024) (“Congress vested the judiciary with contempt power via the Judiciary Act of 1789.”).
[14] Ex Parte Terry, 128 U.S. 289, 308 (1888) (holding that direct contempt is a punishable act or behavior that happen within the eye of the court and as such, does not require the court to provide notice to the defendant and does not allow the defendant the right to a hearing on the matter).
[15] See In re Savin, 131, U.S. 267, 277 (1889) (distinguishing that indirect contempt is “misbehavior for which the judge cannot have such personal knowledge, and is informed thereof only by the confession of the party, or by the testimony under oath of others”).
[16] See id. (“the proper practice is . . . to require the offender to appear and show cause why he should not be punished.”); see also Cooke v. United State 267 U.S. 517, 537 (1925) (“Due process of law [for indirect contempt proceedings] requires that the accused should be advised of the charges and have a reasonable opportunity to meet them by way of defense or explanation.”).
[1]7 See Bloom v. Illinois, 391 U.S.194, 208 (1968) (“If the right to a jury trial is a fundamental matter in other criminal cases . . . it must also be extended to criminal contempt cases.”).
[18] See Offutt v. United States, 348 U.S. 11, 14 (1954) (“[I]n sitting in judgment on such a misbehaving lawyer the judge should not himself give vent to personal spleen or respond to a personal grievance”); see also Mayberry v. Pennsylvania, 400 U.S. 455, 465 (1971) (finding a judge may “become so ‘personally embroiled’ with a lawyer in a trial as to make the judge unfit to sit in judgment on the contempt charge”).
[19] See Gompers v. Buck Stove & Range Co., 221 U.S. 418, 443 (1911) (conceding that “[c]ontempts are neither wholly civil nor altogether criminal[,]” but distinguishing that for “civil contempt the punishment is remedial, and for the benefit of the complainant[,]” and for “criminal contempt the sentence is punitive, to vindicate the authority of the court”).
[20] Id.
[21] See 42 U.S.C. § 1995.
[22] See, e.g., Ga. Code Ann. § 15-11-31 (allowing for a maximum jail sentence of twenty days, rather than the six month maximum allowed by federal statute).
[23] 28 C.F.R. § 76.15; Model Code Jud. Conduct Rule 2.9 (Am. Bar Ass’n 2020).
[24] See, e.g., Ga. Code Jud. Conduct (2016); see also Al Canons Jud. Ethics (2019).
[25] See Model Rules of Pro. Conduct r. 3.5 (Am. Bar Ass’n 2024).
[26] See Model Code of Jud. Conduct r. 2.9 (Am. Bar Ass’n 2020); see also Model Rules of Pro. Conduct r. 3.5 (Am. Bar Ass’n 2024).
[27] See Ex Parte Terry, 128 U.S. at 308; see also Cooke v. United State 267 U.S. at 537.
[28] See Jozef Papp & Rosie Manins, Young Thugs lawyer granted bond, will not have to report to Atlanta jail this week, The Atlanta Journal-Constitution (Jun. 12, 2024), https://www.ajc.com/news/crime/young-thugs-lawyer-granted-bond-will-not-have-to-report-to-jail-this-week/H24G7FBH3JFE7CR632DRF7PIPM/.
[29] Id.
[30] See Darnell, supra note 1.
[31] See Order on Motions to Recuse Judge Glanville, The Honorable Rachel Krause (Jul. 15, 2024) https://www.courthousenews.com/wp-content/uploads/2024/07/order-on-motion-to-recuse-judge-glanville-final-fulton-superior.pdf; see also 28 U.S.C. § 455(a), (b)(1); Offutt v. United States, 348 U.S. at 14.
[32] See Krause, supra note 31.
[33] See Ga. Code Ann. § 15-1-21(a) (“Pursuant to Article VI, Section VII, Paragraph VI of the Constitution, there is hereby created the Judicial Qualifications Commission, which shall have the power to discipline, remove, and cause involuntary retirement of judges in accordance with such Paragraph.”).
[34] See id.
[35] See 28 C.F.R. § 76.15.
[36] See e.g., Judicial Conduct & Disability, United States Circuit of Appeals for the Eleventh Circuit, https://www.ca11.uscourts.gov/judicial-conduct-disability (last visited Jul. 31, 2024).
[37] See e.g., About the Complaint Process, Judicial Qualifications Commission of Georgia, https://gajqc.gov/complaints/ (last visited Jul. 31, 2024); Complaint Process, Alabama Judicial Inquiry Commission, https://jic.alabama.gov/complaint-process/ (last visited Jul. 31, 2024).
American Journal of Trial Advocacy 