The latest reported by David Angier, posted on Panama City NEWSHERALD.com (dead link – see this cache). Judge Smoak has now filed a complaint for criminal contempt against Francis. Again, this looks like a personal vendetta on Smoak’s part.
“We’re in disbelief that a judge can hold Joe on criminal contempt stemming from a civil complaint. We have teams of lawyers looking to see if this has ever happened before.” — Francis’s lawyers
Detailed article on Francis’s “colorful” conduct at the settlement negotiation.
“This sort of verbal posturing,” Dickey [Francis's attorney] said, referring to Francis’ comments during mediation, “is nothing new to anyone who has spent substantial time mediating and could not have been construed as a threat by plaintiff’s highly experienced attorneys.” Dickey said Francis’ behavior only ended one portion of the mediation process, which went on for another day and a half. …
Pontikes [an attorney for the Plaintiffs] said she filed the motion, despite the confidentiality requirements of mediation, because Francis made threats to “ruin” and “bury” the plaintiffs’ lawyers. Threats of violence made by a party in mediation are not required to be confidential. Dickey said Francis’ words were not meant literally and could not be taken as a threat of violence. “There is no allegation that Francis was holding a shovel when he made his comment,” Dickey said.
I’m not buying the “threat of violence” line from the plaintiffs’ attorneys. But I have to hand it to them for their ruthless tactics. That’s their job. But nothing I’ve just read changes my opinion that Judge Smoak is way out of line.
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