Archive for December, 2009

Who Plans These Things?

Saturday, December 19th, 2009

Maricopa County Superior Court’s Downtown Regional Court Center, or “Downtown RCC” as they call it, may be the most irritating place in the state to handle a case. The Maricopa County regional court centers are where a lot of felony cases end up in their early stages. The cases I’ve had there are ones in which the county attorney has filed a complaint but probable cause has yet to be found for the charges by way of a grand jury indictment or preliminary hearing. When I’m at the Downtown RCC, I usually have to find out what the initial plea offer is and either affirm the preliminary hearing or request a continuance to see about getting a better offer or a dismissal.

Downtown RCC is in the basement of the central court building. When you get out of the elevator, you walk down a hallway and go to an area that looks a little bit like an airport terminal. There’s a line to check in, a help desk, and seating for defendants. I often see a private attorney or two waiting in line with the criminal defendants. I once asked the lady at the desk if I was supposed to wait in line and she couldn’t give me an answer. I never check in, but I wouldn’t be surprised if I’m supposed to. Awkwardly standing around not feeling entirely sure about what to do is a recurring theme at the Downtown RCC. I think they cultivate that.

If you want to talk with the prosecutor, you have to go to the negotiation room. To get there, private attorneys have to go stand by a locked door and wait for someone with access to open it. It’s usually a public defender who lets you in. Sometimes, it’s a sheriff’s deputy, but that will only get you through the first door. You’ll just end up stuck between two locked doors, waiting for a public defender to let you through the second. Nothing says professionalism quite like looking like a poor puppy dog stuck outside, patiently waiting for someone to let you in.

After you get past those doors, you’re in the public defender’s office. To get to the negotiation room, you need to walk past cubicles, a copying machine, and a conference table. Three right turns and you’re there. Of course, then you have to get in touch with the prosecutor. There’s a dry erase board that usually lists the prosecutors and their extensions. You have to figure out who’s assigned then give him or her a call using a phone in the negotiation room. After using the county attorney hot-line, you get to wait again.

Getting to the phone in the negotiation room is reminiscent of the opening sequence of Get Smart. Okay, maybe I’m exaggerating, but it’s definitely more complex than it needs to be. Plus, I think the negotiation room is actually directly adjacent to where where you have to wait for a public defender at the beginning. Would an extra door have been that difficult? Also, the prosecutor’s office has a little window next to where you first wait. Couldn’t they just put someone there and have them get the assigned prosecutor if you need to talk? Never mind, that makes too much sense.

In the negotiation room, you’ll probably find the police reports and a plea. The prosecutor you’ve summoned on the bat-phone is usually going to be one of a generally pleasant group of lawyers. The problem is that they have basically no discretion to do anything. Except in the rarest of circumstances, they can’t change the plea, approve that extra continuance, or dismiss a guaranteed loser of a case for the State. They’ll tell you with a smile that they can’t do a damn thing to help you. At least you’ll know who does have authority to approve your deviation request when you write it.

After accomplishing a whole bunch of nothing, you’ll probably want to communicate what’s happened to your client. If your client is in custody, the fun has just started. You get to backtrack through the cubicles and enter a hallway with little visitation booths. That’s where you get to wait looking helpless until a sheriff’s deputy gets your client for you. You’d better be patient. There’s a good chance you’ll get to wait quite a while before you can contact a deputy to get your client, and a great chance you’ll have another significant chunk of time to wait before seeing your client.

If your client only speaks Spanish and you want an interpreter, you’d better clear your schedule for a day. Okay, okay. Not really. But it seems like that. Downtown RCC experts tell me a defense lawyer’s best bet for an interpreter is waiting outside of those first two locked doors. Instead of looking like a house pet that’s been locked out, you now get to look like a zombie. For best results, approach every professional-looking person who walks by and desperately asking them if they’re an interpreter. If you get one, you begin the process described in the preceding paragraph.

I wouldn’t shed a tear if I never had another Downtown RCC case. I might like it if I was a public defender or a prosecutor (or someone who liked watching private attorneys look dumb, for that matter), but even public defenders and prosecutors seem to hate it.

Every RCC experience I have leaves me wondering who thought it would be a good idea to set it up the way it is. Anyone know? More importantly, if any of you know, do you know if they still like their idea?

The Double-Call

Saturday, December 19th, 2009

Sometimes one call isn’t enough. That’s what a number of my clients seem to think, at least. My phone will ring, but I either miss it or can’t pick up because I’m busy. Sure enough, the same number will call again after having not left a message moments before. It’s the dreaded “double-call,” a phenomenon every attorney encounters at some point. It isn’t just clients that do it either. Other attorneys, police officers, and legal assistants do it too.

Admittedly, the tactic can be helpful. If I miss the first call because I’m a little too slow picking up and the number shows up as unknown, it’s nice to have a second chance. The tactic is less helpful when I’m not picking up because I’m in the middle of something more pressing. That’s frequently the case.

Most missed double-calls don’t result in a message, which is highly irritating. If it’s worth calling me twice, it’s worth leaving a message. If you’re calling about one of my cases, I really care about what you have to say. It’s extremely important to me, and having two missed calls from an unknown number with no voicemail is a waste of everybody’s time. I’ll rarely be irritated by a double-call if there’s a voicemail for me after the second one.

I recently had a series of telephonic interviews take up an entire afternoon. The first telephonic interview ended up turning into double-call hell. I had just moved into a new office with a new phone system that included additional phone lines. I didn’t use the do-not-disturb button because, quite frankly, I had no idea what “DND” stood for. I regretted not learning its meaning earlier.

The subject of the first telephonic interview called my cell phone. I put him on speakerphone and began the interview. Immediately, I got a double-call on my cell phone from an unknown number with no message. Undeterred, the double-caller then contacted the receptionist and requested to be transferred to my cell phone. The next double-call showed up as an unknown number being forwarded by the receptionist. No voicemail. Next, my direct office line got double-called from an unknown number with no message. The caller then did the same receptionist-forwarded double-call trick he did with my cell phone. Still no message.

As if he or she was playing some kind of joke on me, the direct line in Adrian’s office rang four times. In pairs, of course. No voicemail. Then the main office number rang four times, again in pairs. No voicemail, just missed unknown calls in sets, first straight from an unknown number then from an unknown number forwarded from the receptionist. I love the receptionists and am fairly confident the double-caller was engaging in some serious trickery to get that many calls through without anyone taking down his or her information.

In the end, the double-caller double-called me eight times, resulting in a total of sixteen calls before I could finish that first telephonic interview. He or she never left a message. Not once.

Part of me worries that I missed something important. Could it have been more important than an interview with a key witness in a serious felony case? Why didn’t the caller leave a message? I still have no clue who was calling.

If you were the one double-calling me over and over, please don’t do that again. If you can leave me a message, do it. It will be returned quickly. I guarantee. I can also guarantee that if the first double-call doesn’t get the desired result and you can’t leave a message, you should wait a little while before you try a second time. Double-calling every phone line within earshot of my office one after another will only succeed in pissing me off.

What's the Solution?

Saturday, December 12th, 2009

When Fourthamendment.com calls Maricopa County “a banana republic where the Sheriff can intimidate any official he wants,” it’s a good sign we’ve reached a low point. I don’t disagree with the sentiment, though the sheriff’s willingness to intimidate isn’t limited to officials. It’s depressing.

Nobody here is safe, and this should be getting a lot more press. The mainstream, national media seems to be ignoring Maricopa County altogether. I’m still seeing more traffic going to posts about David DeCosta and smoking bans than goes to posts about what could be the breakdown of constitutional government as we know it. It seems no one is listening.

Scott Greenfield even started losing interest, but Mark Bennett argued Maricopa matters. That prompted another post from Scott about what power, if any, us blawgers have to make a difference.

I like to think that things I do are important, but I also try to be realistic. I don’t know if anyone cares what I think. I don’t know if most people in Maricopa County care about what anyone thinks. Read this opinion and the comments. Read the first comment to this post. A lot of people seem to think this is an attack on Sheriff Joe by people who oppose his tough stance on illegal immigration. Those people probably don’t read blawgs. They probably don’t read the New York Times either. They don’t like undocumented immigrants, and any attack on the sheriff is an attack on their position on the issue that matters most to them.

I doubt that anyone outside of Maricopa County has the power to make a difference. The feds have more firepower than Sheriff Joe, but what makes people think the DOJ is willing to do anything meaningful about it? I’d love to see a national opinion poll on what Sheriff Joe is doing. The DOJ can start as many hotlines as it wants, but it’ll just incite people to write things like this and this. It’ll rally the troops behind Sheriff Joe.

The question I pose in this post’s title isn’t rhetorical. The solutions I’ve proposed all involve changing the way people think. I can write all I want, but I can’t make people read. I can speak all I want, but I can’t make people listen. A little less than half of my caseload is in Maricopa County, but that’s increasing. The number of battles I fight on behalf of individual clients may grow, but that isn’t the kind of change it takes to stop the insanity here.

If I’m right and the only way to end this is by changing public opinion, how do I help? This blog probably isn’t enough. My caseload isn’t enough. If there’s some way to change things without having to change the way people think, what is it?

Donahoe Charged

Wednesday, December 9th, 2009

Holy crap. I’ve written about Judge Donahoe of the Maricopa County Superior Court here, here, here, and here. The county attorney just charged him with three felony counts. I’ve uploaded the complaint, release questionnaire, and probable cause statement here. I have too much work on my desk to comment on it now, but “holy crap” pretty much sums it up. I think my most recent post has become even more relevant.

More from the Land of Sheriff Joe (Updated)

Wednesday, December 9th, 2009

Out-of-state bloggers beat me to it again. Bobby Frederick, Jeff Gamso, and Scott Greenfield write about how Judge Donahoe has refused to unseal the documents deputy Stoddard took from a defense lawyer’s file and how Sheriff Joe issued an inaccurate press release attacking Donahoe and has apparently refused to put deputies in the courtroom where all of this started. Also worth noting is the fact that two county supervisors with a supposed history of problems with Sheriff Joe have been indicted on numerous felony charges.

I don’t have much to add, as the absurdity of the situation here speaks for itself. We have elected a sheriff who thinks he has unlimited powers and a county attorney who seems to support him. The courts can’t control either of them, so they’re running wild.

From my perspective, it looks likes the judges here are cognizant of their lack of an army to fight the sheriff. Because of that, they either issue orders they expect he’ll follow or leave compliance up to someone else. Here, they made it so Sheriff Joe could say “fat chance” when they ordered Stoddard to do something, but Stoddard ultimately decided to follow the court’s order. Sheriff Joe appeared to stand strong, and the court’s power appeared intact. Clever compromise by the court, right? Unfortunately not.

The problem the courts have encountered is this: give the sheriff an inch and he’ll take a mile. The courts need to draw a line. They should have done that long ago. They need to order Sheriff Joe to do something then force him to comply when he refuses. Their willingness to appease him seems to have made him think he’s invincible.

It’s also made him unbelievably popular, which is why he may continue to get away with this kind of stuff. As I’ve said before, I can’t even convince my clients that what Sheriff Joe does is wrong. They know he made up statutes to fight illegal immigration and lied about sentences to make Donahoe look bad. They don’t care. They like him because he’s tough and uncompromising. Usually, someone else has to suffer. Without clear boundaries and a standoff between Sheriff Joe and the courts, maybe one with the National Guard backing the courts, this is probably never going to end.

UPDATE: Although it seemed this couldn’t get more surreal, right after I posted this, Nick Martin mentioned on Twitter that criminal charges were being filed against Donahoe by the county attorney. Sure enough, according to the New Times and the East Valley Tribune, Donahoe is being charged with hindering prosecution. There will be a press conference at noon regarding the charges.

Legal Strategery in Marikafka County

Sunday, December 6th, 2009

Adam Stoddard is probably still in jail. If you need some background, catch up here, here, and here. Maricopa County has seen bomb threats and pepper spray incidents that may be related to his detention, as well as a law enforcement rally and vigil showing support for him. Meanwhile, deputy county attorney Tom Liddy, who still seems to be counsel for Stoddard, makes what could at best be called weak offering in his defense. Will disclosing the contents of the documents Stoddard illegally viewed and seized really help get him out any sooner? It seems Liddy, who claims to represent Stoddard and not the sheriff, is more concerned about making a joke out of the fourth, fifth, sixth, and fourteenth amendments than he is about helping his client.

Liddy’s newest filing, which you can peruse here, is confusing for a number of reasons. It looks like Liddy’s work is officially being done by private counsel, Michele Iafrate, a former attorney with his office. The filing lists only her name above the caption, then lists her name first where signatures go. She also appears to be signing on his behalf, though for all I know, she may by signing above his name and writing “for” because she now represents Liddy. If that’s the case, it’s awfully sad that Stoddard’s lawyer gets a lawyer while Stoddard is stuck being represented by an office that, given its close ties to Stoddard’s boss, may have a serious conflict of interest.

Mostly, the filing is strange because it’s being filed in Donahoe’s court. My post-conviction relief clients, whose petitions must be filed with the trial court, are smart enough to know that their best bet for relief is with a different court. They can’t wait for review by an appellate court. It could be that I have uncommonly bright clients, but the county attorney should certainly be able to figure that out too.

The filing is also unusual in that it acknowledges that a special action is going to be filed, but it says nothing very specific, and certainly nothing convincing, about why the privileged documents need to be unsealed before that can happen. My guess is that Stoddard was ordered to pull the documents and copy them as part of some fishing expedition. He did his best to justify it, but because he had no good reason to do it in the first place, the county attorney now needs to view the documents to pick them apart and fabricate some kind of elaborate defense showing the sheriff’s office was in fact foiling some evil conspiracy, or at least preventing some minor threat.

Without the documents, attacking Donahoe’s ruling shouldn’t be that hard. Facts aside, the law seems against Donahoe. He should have held Stoddard in direct criminal contempt. I’ve said it, as did Mark Bennett before me. Now, it’s just one big mess. No one seems to agree about when Stoddard was held in contempt, or even if he is or has ever been in contempt.

I’ve heard a few people say Donahoe never actually held Stoddard in contempt. They argue the wording of the order was misleading and that Donahoe just ordered Stoddard to apologize, threatening contempt and jail should he refuse to comply. If Donahoe just issued an order to apologize then held Stoddard in contempt after the unapologetic press conference, they might have a point. The problem is that Donahoe said, “IT IS FURTHER ORDERED holding Detention Officer Adam Stoddard in indirect civil contempt of court.” I’m not sold.

Also, some people are now claiming Stoddard is really in indirect civil contempt, making Donahoe’s order accurate. Others are claiming he isn’t in contempt at all. People claiming he isn’t in contempt cite the fact he was ordered to jail and went. People on the other side claim the order was to apologize, that the way to avoid contempt was to apologize, and that not apologizing would result in Stoddard being in contempt and having to go to jail. Again, I’m not sold. Donahoe’s order made it clear Stoddard was in fact in contempt and that apologizing merely purged that finding.

In general, contempt in Arizona isn’t terribly complex. Here’s what our Supreme Court said:

Criminal contempt is the commission of a disrespectful act directed at the court itself which obstructs justice; civil contempt is the disobedience of a court order directing an act for the benefit or advantage of the opposing party to the litigation. Also, the same acts may be both criminal contempt and civil contempt, and quite often are. The classification of contempt as criminal, civil, direct or indirect is merely a judicial device for determining the procedure to follow in each case. We are satisfied that we are dealing with a criminal contempt as the primary purpose of respondent’s action was to punish for petitioner’s alleged disrespect to the court and attempted obstruction of justice.

Ong Hing v. Thurston, 101 Ariz. 92, 98 (1966) (internal citations and quotations omitted). Other cases more thoroughly analyze whether specific circumstances constitute contempt, but that’s the best general explanation. From what I can tell, none of the more specific cases, even the one Donahoe cited, does a great deal to support the contempt finding or classification in Stoddard’s case.

Based on the law and the facts publicly available at this point, without looking at the privileged documents at all, isn’t it at least possible that there’s enough to convince another court that Donahoe abused his discretion? How much of a difference will the contents of the documents, which Stoddard can’t even recall, have on the outcome? Donahoe abused his discretion if he misapplied the law or predicated his decision on incorrect legal principles, and Stoddard has a decent argument he did. What Stoddard’s lawyer filed was too little. As Lozano’s lawyer explained, it’s also too late.

Everything I know about this case comes from the news sources and commentary I’ve cited here, so I’m no expert. However, it looks like Liddy had more than enough to file a special action before Stoddard surrendered.

In Arizona, the term “special action” encompasses a number of different things. Basically, it’s the vehicle used in Arizona to obtain relief previously obtained against a body, officer, or person by writs of certiorari, mandamus, or prohibition. That’s explained in the rules. It was intended to simplify the process by creating one cause of action instead of a number of different, confusing writs, each with its own unique rules. Apparently, there was a lot of frustration, and different rulings often came down based on minute differences in the nature of the filing. I wasn’t practicing here before they were consolidated, so I can’t really say if things are any better now.

Special actions are rarely granted because jurisdiction is highly discretionary. It’s appropriate when no equally plain, speedy, and adequate remedy is available, and a special action can be accepted when under no rule of law can a trial court’s actions be justified. I understand that each division of the court of appeals rejects about ninety percent of special actions. In Stoddard’s case, though, a special action would have had a far higher than normal likelihood of being accepted because civil contempt orders are not appealable, with very few exceptions. The case law makes it clear that the review remedy is special action.

Liddy could have filed a special action as soon as Donahoe made his ruling, well before Stoddard had to apologize or go to jail. To request a stay from the court of appeals in a special action, you only have to request one below. Liddy did that. He had a chance to ask another court for more time, but he didn’t. Stoddard went to jail. Why?

To some extent, I can see why Liddy would want some time before filing a special action. There is no record other than what you create and provide, so he’ll want a transcript of proceedings or at least a recording. Did he immediately request either of those? Does Liddy really think the document is that big a deal, or was it really just a fishing expedition Liddy now has to justify? Is he just showing everyone how little he values our rights? Even if Donahoe ends up being a little off on his ruling about unsealing the documents, I see the face of Donahoe’s contempt order as the better issue.

If Liddy’s objective was to keep his client out of jail, his strategy for achieving that seems highly ineffective. I can’t imagine the thought of avoiding jail for Stoddard was that much of a concern for Liddy, or he would’ve handled this very differently. On the other hand, if his objective was to get press for the sheriff’s office or continue showing utter disregard for attorney-client privilege and the constitution, I’d say he’s doing a great job.

Now that Stoddard is in jail, the relief remedy is likely still a special action. Civil contempt can become criminal contempt when someone has refused to comply for long enough, and criminal contempt is specifically appealable by statute. However, Stoddard will probably spend an awful lot of time in jail before that happens. I only see Liddy waiting a while and filing an appeal on those jurisdictional grounds if his goal really is to maximize jail for his client.

You may be wondering why the word “habeas” hasn’t come up much in all of this. In Arizona, habeas applies to someone who is “unlawfully committed, detained, confined or restrained of his liberty.” That now applies to Stoddard, but the special action is thought by many Arizona lawyers to now encompass the writ of habeas corpus as well. Although there are still specific habeas laws on the books, the bar notes for the rules on special actions call the writs replaced by the special actions “extraordinary writs,” and Article 6, Section 5 of the Arizona Constitution calls habeas corpus, quo warranto, mandamus and injunction “other extraordinary writs.” The Court of Appeals, Division Two, has flat-out said that the writ of habeas corpus has largely been replaced by the special action proceeding and our post-conviction relief rule, and smart lawyers and at least one judge who teaches a CLE on special actions believe that the special action has supplanted the state writ of habeas corpus altogether. The fact Liddy is saying he wants to file a special action on behalf of his jailed client probably shows his feelings on the subject.

It seems obvious to me that Liddy should have filed a special action and request for a stay before Stoddard surrendered. It seems obvious to me that Liddy should now file a special action or habeas petition. The sooner he files it, the sooner another court reviews Donahoe’s order. I see no benefit whatsoever in waiting for Stoddard’s detention to become appealable, criminal contempt. I seriously doubt the Court of Appeals, Division One, is going to deny special action jurisdiction when Stoddard has no other sufficient remedy. The issues with the highest likelihood of success are as good now as they’ll ever be.

This would all make sense if Liddy’s goal was to keep Stoddard in jail and in the news. That seems more like Sheriff Joe’s agenda that Stoddard’s, and I hope that isn’t the case. If it is, shame on Liddy. If it isn’t, I wonder what he’s thinking.

No Constitutional Crisis Here

Wednesday, December 2nd, 2009

Maricopa County Sheriff’s Deputy Adam Stoddard violated a defendant’s constitutional rights, Superior Court Judge Gary Donahoe held him in contempt, and Stoddard is now in jail after refusing to follow the judge’s order and apologize. The way I see it, the loser here isn’t Stoddard or his boss, the ever-defiant Sheriff Joe.

I think Stoddard ends up looking good to most people. Even I’m a little impressed with the guy. He did his job, refused to apologize for doing what he was trained to do, then took one for the team and followed the judge’s order. I tend to have serious problems with blindly following authority, but I can definitely appreciate how far Stoddard is willing to go to do what he perceives to be his duty. If this mess had been caused by him standing up for rights, not against rights, I’d probably admire him. I was at the press conference where he refused to apologize, and although I doubt he actually wrote the statement he read, he seemed sincere. He may be doing his time in the “Mesa Hilton,” but he almost comes off as being the victim in all of this.

Sheriff Joe also ends up looking pretty good. We’ll never know, but I think Stoddard never would’ve been jailed if he hadn’t gone in on his own. I think the sheriff would’ve been happy letting Stoddard go to work at the superior court, knowing he had been ordered to do jail time. Sheriff Joe appears to have stood behind his man, and he let the courts know he doesn’t feel obligated to obey their orders. His defiance also makes quite the one-two punch when taken in conjunction with the fact he and his buddy, County Attorney Andrew Thomas, just slapped Judge Donahoe and everyone else who ever looked at him funny with a federal racketeering lawsuit. Read more about that here.

When this started, Stoddard and Sheriff Joe probably seemed like the bad guys to most people. They were the bad guys; Stoddard violated a criminal defendant’s fundamental rights in a blatant and outrageous manner, and it clearly wasn’t an accident. Does anyone doubt that important people in the office played a major part in what Stoddard did? Is anyone doubting that what Stoddard did was wrong? Considering that, how did the sheriff and his man go from bad guy to good guy?

There’s a lot of blame to spread around. Judge Donahoe should have held Stoddard in direct criminal contempt instead of indirect civil contempt. Punishing Stoddard and not the sheriff’s office was an even worse idea, as it gave the sheriff the ability to talk the talk while leaving the tough stuff to Stoddard. I stand by my first suggestion: holding the sheriff’s office itself in direct criminal contempt and punishing it with a huge fine would’ve been the smartest thing to do. Order that the fine be paid to the court and be set aside to put on court-sponsored training for sheriff’s deputies on the meaning of the Bill of Rights. Publicly making Stoddard into the obedient soldier and Sheriff Joe into the tough commander isn’t the way to teach either of them a lesson.

Contempt proceedings aside, dismissing the case against Antonio Lozano would have sent the clearest message to overzealous officers in the future. In fact, if Lozano’s case isn’t dismissed, I may lose a little bit of respect for the judiciary. Ordering an apology is a cute way of dealing with a violation of a criminal defendant’s less popular constitutional rights, but it isn’t sufficient. I bet plenty of courts would love to replace the exclusionary rule with a policy of forcing apologies from rights-violating officers, but they haven’t. If the court didn’t believe Lozano’s rights were violated, it wouldn’t have held Stoddard in contempt. Courts always say they value the right to counsel very highly. This would give one court a great opportunity to put its money where its mouth is. Dismiss the case against Lozano.

The fact Lozano seems to have fallen by the wayside may be one of the real tragedies here. How did Joanne Cuccia’s reputation suddenly become the victim? That file is not really hers, it’s Lozano’s. It was his name in the caption, not hers. If copying those documents hurt his defense, he’d be the one bearing the brunt of it. I keep hearing that the sheriff’s office issued a press release lumping Cuccia together with Jason Keller and David DeCosta, but I haven’t seen it. If true, that’s outrageous. However, it’s nothing compared to the potential effect of Stoddard’s actions on Lozano. A lawyer’s reputation and a defendant’s freedom carry vastly different weight in my book. Given what Lozano may have had at stake, why is he playing second fiddle to his lawyer in all of this?

We’ve probably got a long way to go before this is over. Personally, I’m awfully curious about how long Stoddard is going to have to spend in jail before something happens. I keep checking the website for the Court of Appeals, Division One, but I haven’t seen a special action come up in this case. Why is the county attorney waiting? Perhaps more importantly, why is a county attorney still representing Stoddard in the first place? At Stoddard’s press conference, deputy county attorney Tom Liddy was very clear about the fact he represented Stoddard, not the sheriff. How does that work? I can see plenty of potential conflicts of interest just reading the various news stories on this. Did Stoddard sign a waiver of conflict?

Sooner or later, Stoddard’s now-indirect, now-civil contempt (his refusal to follow a court’s coercive order outside the presence of the court), is going to become criminal contempt (punishment). How long will that take? Will appellate review happen first? I’m a little tired of living in a county that also serves as a punchline, but this whole thing sure makes for interesting news. I guess I don’t mind waiting a little bit longer.