Law Practice
Aug. 3, 2002
Public Defender Might Avoid Contempt
RIVERSIDE - A Riverside judge Thursday ordered the county's highest-ranking public defender to appear in court next month to explain why he should not be held in contempt for allegedly publicizing privileged attorney-client information.
Judge Patrick F. Magers ordered Gary Windom to outline on Sept. 24 why he allegedly violated a judge's order barring him from duplicating transcripts of confidential Marsden hearings.
Gail Cronyn, a former deputy public defender fired by Windom last year, contends that her former boss has used confidential information from Marsden hearings that contain negative information about Cronyn to assist his case against her employment appeal.
A Marsden hearing is held in closed court to give a client the opportunity to request a change in attorneys because of a conflict of interest or for other reasons. It originates from People v. Marsden, 2 Cal.3d. 118 (Cal. Feb. 26, 1970).
Rees Lloyd, Cronyn's attorney and her husband, said he and his client are "gratified" that Windom will be required to answer the accusations.
"We think the evidence is absolutely clear of a violation of the judge's order pertaining to sealed records," Lloyd, a Banning sole practitioner, said. "We think it's clear that no attorney-client waivers were obtained by Windom before he exposed the transcripts publicly."
Daniel Spradlin, counsel for Windom with the Orange firm of Woodruff, Spradlin & Smart, maintained that his client has done nothing wrong. Spradlin said Majers' ruling Thursday wasn't unique for a case alleging contempt.
"In a case involving an issue regarding indirect contempt, the normal procedure is an order to show cause," Spradlin said.
He said Windom likely will file an answer to the allegations Aug. 30.
According to court documents, Judge J. Thompson Hanks gave Windom the go-ahead in January 2001 to view the transcripts of two Superior Court cases in which Cronyn served as counsel for the public defender's office. Hanks said, however, that Windom had to return the transcripts within five days and could not duplicate them.
Lloyd contends that Windom duplicated the transcripts so he could use them against Cronyn, whose administrative appeal of her termination is pending before an arbitrator.
Public defender officials have contended that they fired Cronyn, 53, in May 2001 because she was representing clients inadequately. Cronyn, however, has alleged that she was fired from her $85,000-a-year job because of her gender and an active role she took in the union representing the office.
Jason Armstrong & Sean Windle
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