Hart To Not Hart

A complaint filed by the North Carolina State Bar alleges misconduct by a criminal defense attorney by having a person stand next to her in court rather than her client. 

The complaint alleges that the client (Mr. Hart) was charged with a hit and run offense.

The victim was present for the court proceeding and was required to identify the client.

The attorney directed the client to leave the courtroom with her and then “initiated contact with a man (Mr. Harrington) and his wife” who was in the courthouse for a custody matter.

She allegedly asked for a “favor,” i.e., for Harrington to stand next to her “to see if someone would pick him out.”

She told him she would do the talking and that the conduct was legal and (falsely) that the judge was aware of it.

Harrington agreed and was next to counsel until a lunch recess was called.

The prosecutor discovered the possibility that Harrington was not the client and asked him his name. The attorney told Harrington to exit the courtroom, which he did.

He was returned to the courtroom by law enforcement officers and the judge threatened the attorney and Harrington with contempt.

It is alleged that the conduct involved felony obstruction of justice.

A second count appears to relate to an adjudicated contempt. (Mike Frisch)