A Dallas federal judge found no basis Monday for U.S. District Judge John McBryde to issue sanctions against a Florida man, his Fort Worth attorney and two other lawyers after the Fort Worth judge accused them of "unethical behavior."
U.S. District Judge David Hittner also dismissed the case against Fort Worth attorney Joseph Cleveland, Newark, N.J., lawyer Melvin Silverman, Fort Lauderdale, Fla., attorney S. Tracy Long and their client John "Jack" Gillig of Pompano Beach, Fla.The 5th U.S. Circuit Court of Appeals removed the sanctions in April and sent the case back to North Texas, where it was assigned to Hittner.Hittner's ruling appears to be the last step in an unusual case that began in January when McBryde sanctioned the attorneys and their client for comments questioning McBryde's impartiality in a trade-secrets lawsuit.In his ruling, Hittner also said he was "unwilling to assess disciplinary measures for 'unethical behavior' and 'conduct unbecoming a member of the bar,'" as had been alleged in McBryde's original sanctions.For Cleveland, who originally faced a two-year ban from practicing in the Northern District of Texas as part of the sanctions, the ruling was vindication that he acted properly."I adhered to the highest principles of ethics and professionalism in representing my client's legitimate right to a fair and unbiased consideration of his case," Cleveland said in a statement. "I am very pleased that Judge Hittner agreed and look forward to finally putting this entire matter behind me."His attorney, Stephen Tatum, echoed those sentiments."I feel like this has been an unfortunate experience for Joe, and I'm glad what I felt was the correct outcome was finally reached," Tatum said.Reached by telephone in Pompano Beach, Gillig said he is ready to move on."It's just a relief to have it over," Gillig said of his 12-year legal battle. "Once we got into that Dallas courtroom we felt like, win or lose, we were getting a fair shake."McBryde didn't return a phone call to his court seeking comment.The sanctions arose from a lawsuit between Triple Tee Golf and Nike over patents on adjustable golf club designs and whether Gillig committed perjury by saying McBryde did not appear to be impartial in the case. Gillig was trying to get McBryde to recuse himself.Ten days after the lawsuit was settled last summer, McBryde began disciplinary proceedings, saying he "could not turn a blind eye" to the false statements by Gillig and his lawyers. In court filings, McBryde said Gillig was "a liar, a fraud and a phony who played a 'shell game' with the facts." McBryde also wrote that court transcripts showed that the accusations against him were false and included factual errors.Gillig, meanwhile, said the recollections of the attorneys showed that he was telling the truth but that the attorneys were afraid to challenge McBryde.Gillig had contended that McBryde, at a July 15, 2004, meeting, questioned whether one of Gillig's attorneys hoped to get "a home in Florida and maybe a ski lodge in Colorado out of this case" and told them that they "would never make it to his courtroom." Court records showed that no meeting took place that day. But at a July 10, 2007, meeting, transcripts showed that McBryde asked another attorney whether he was "still thinking that somehow he might get a home in Florida and maybe a ski lodge in Colorado out of this case."McBryde was appointed to the federal bench by President George H.W. Bush in 1990 and has been in the spotlight before.In 1997, the 5th Circuit imposed an unprecedented one-year suspension and reprimand for "intemperate, abusive and intimidating" conduct. That investigation was conducted under federal judicial rules that demanded secrecy, preventing McBryde from discussing the matter.McBryde then sued in federal court in Washington, arguing that his reprimand and suspension, as well as the secrecy, were unconstitutional. The U.S. Supreme Court declined in 2002 to hear McBryde's appeal of the discipline system.Bill Hanna, 817-390-7698Have more to add? News tip? Tell us
