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In the videos linked to below, we see an extraordinary circumstance where a defence lawyer turns up late and apparently intoxicated after a possible hit-and-run vehicle collision.

Here's a summary.

  1. The defence attorney turns up apparently drunk but wants to continue representing his client who is facing a very serious criminal charge.
  2. The judge immediately investigates the behaviour of the attorney both in chambers and later on the record in open court. The defence counsel is caught out in various lies.
  3. The prosecution call the police to check the facts of the collision involving the defence lawyer.
  4. A police technician turns up in court to administer a breath test to the lawyer.
  5. The judge proclaims the lawyer unfit to continue.
  6. There are many very odd circumstances brought to light while this is all happening.
  7. The video ends before we know whether the lawyer is arrested.

Video 1 (25 minutes): Intoxicated Vegas Lawyer Can't Keep His Story Straight

Video 2 (30 minutes): Intoxicated Vegas Lawyer Can't Keep His Story Straight II

Question

(a) Could the police interview and arrest the lawyer and remove him from court?

(b) Do attorneys and other people involved in a case have any immunity from investigation and/or arrest whilst the court is in session?

chasly - supports Monica
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1 Answers1

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I'm going to skip (a) because that's at least partially a crim pro question, and I need to brush up on my crim pro.

As for (b), the answer is no, there's no immunity. Lawyers can be held in contempt of court by judges for something they do while practicing before that judge, and potentially jailed for it. It's pretty extreme and I don't think it happens very often, though.