Years of behavior cited in Moncier disbarment

If there is one question that looms large over a Tuesday ruling by Senior U.S. District Judge Curtis L. Collier temporarily stripping prominent Knoxville defense attorney Herbert S. Moncier of the right to practice federal law, it is that.

Collier spends 80 pages laying out his reasoning for finding Moncier unfit to practice in federal court for up to seven years. The chief judge, whose courtroom is in Chattanooga, anchors his decision on Moncier’s refusal to keep quiet in the face of a warning by Greeneville U.S. District Judge Ronnie Greer more than two years ago.

But Collier insists it was not that incident alone.

It was, the region’s top federal judge wrote, a pattern of disrespectful and outrageous conduct that had gone unchecked far too long.

He cites as proof a 2005 threat by Senior U.S. District Judge Leon Jordan to hold Moncier in contempt. He lists as commonplace frivolous filings, shoddy workmanship, combative behavior and unrepentant reaction by Moncier.

Not once, however, does Collier explain why, as chief judge, he did not act to curtail what he alleges is evidence of an attorney gone wild until years after Jordan had warned Moncier and months after Greer already had deemed Moncier in criminal contempt.

Just how did an attorney whose courtroom victories have ranged from the dismissal of charges against a confessed serial killer to a conviction against the entire Knox County Commission for violating the Tennessee Open Meetings Act find himself not only afoul of Collier but in his courtroom?

A review of court records does not provide proof positive but suggests it was no accident that these two would have a meeting that would end with Moncier’s livelihood on the line.

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