Oct 10, 2008 7:44 pm US/Eastern
Yom Kippur Observance Nearly Lands Lawyer In Jail
CHICAGO (CBS) ―
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Attorney Moria Bernstein was nearly arrested and sent to prison for contempt of court after failing to arrive at a hearing due to the Jewish holy day of Yom Kippur.
CBS
There was a different sort of battle in a Chicago courtroom Friday. A Cook County judge threatened to lock up a Jewish attorney who didn't come to court on Yom Kippur.
As CBS station WBBM-TV reports, when attorney Moria Bernstein came to court Friday, she was facing possible arrest. She had notified Cook County Judge Veronica Mathein on Friday that she could not be on hand for an emergency hearing on a divorce property settlement matter because she was observing Yom Kippur.
The judge responded with a written order finding Bernstein in contempt of court and ordering her arrest.
"It's still hanging in the balance," Bernstein said earlier Friday. "I have two other court cases this morning which I have to put on hold until I can vacate this order clearing my name and also making sure that no sheriffs arrest me."
"The rights of Ms. Bernstein on the holiest day of the year for the Jewish faith should be acknowledged and respected," said attorney Burton Grant.
A contentious hearing followed, that hinged not on religious rights but whether the hearing on Yom Kippur was, in fact, an emergency. After Judge Mathein impatiently told Bernstein twice to "please stop talking," she decided to vacate the contempt and arrest order.
"I'm happy that the motion was vacated and rightfully so. I'm upset that nothing was addressed or there was no apology made," Bernstein said.
Grand added, "She's an up and coming rising star in the profession and something like this isn't going to help her reputation. It would more likely impugn her reputation."
Just before the Bernstein hearing, Judge Mathein proved that she was ready and willing to act on a contempt finding. During a divorce hearing, a man refused to answer her question: do you have a second job? After his second refusal, she ordered him to spend the weekend in the county jail. The cuffs went on and away he went.
(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)
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