Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, March 5, 1992 TAG: 9203050203
SECTION: CURRENT PAGE: NRV-2 EDITION: NEW RIVER VALLEY
SOURCE: By KATHY LOAN
DATELINE: CHRISTIANSBURG LENGTH: Medium
Wednesday, another substitute judge overturned the contempt citation with a warning that being on time is important for a lawyer.
"Don't wander into court at your pleasure," Judge Willis Woods, a retired judge from Wytheville, said in Montgomery County Circuit Court.
Yongue had appealed after he was cited and assessed $44 in costs by substitute Judge Robert Phelps Jr. of Newport News.
Yongue testified Wednesday that he meant no disrespect by being late for General District Court, but he was delayed by a phone call from a distressed client.
When he arrived at the courthouse about 10:30 a.m., he found the doors locked and court finished.
Yongue, a former Legal Aid attorney who began a private practice last year, said he didn't realize it was normal procedure to call if he was going to be late.
Usually, lower-court judges don't begin hearing cases with lawyers until 10:30 a.m. or so, he said.
He was backed up by a veteran lawyer.
Max Jenkins of Radford, a lawyer for 31 years, testified that it was not uncommon for lawyers to arrive after court begins because judges often call the docket for an hour or two.
Judge Kenneth Devore of Montgomery County had excused himself from hearing the appeal, as had Judge Duane Mink of Radford, because Yongue practices in their courts.
"Don't be misled by what has been said here this morning about showing up at your pleasure," Woods told Yongue after he reversed the contempt conviction.
Yongue's attorney, Keith Neely of Christiansburg, said he had planned going to call two other lawyers to testify for his client.
One was called away before the case came up. The other just didn't show.
***CORRECTION***
Published correction ran on March 6, 1992.
Because of a reporter's error, Judge Willis Woods of Wytheville was incorrectly referred to as retired in Thursday's Current. Woods was a substitute judge in Montgomery County Circuit Court Wednesday.
Memo: CORRECTION