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Judge Punishes Lawyer Who Said 'Lord'

Attorney Is Also Minister

POSTED: Monday, October 23, 2006

A testy exchange with a judge has cost a Winston-Salem lawyer his freedom and his law license.

Raymond Marshall was punished last week by Superior Court Judge Michael Helms.

Marshall represented a man who was charged with assaulting a police officer. The case twice ended in a mistrial before his client was convicted this month in a trial marked by disputes between the defense lawyer and the judge.

Marshall filed a motion on Sept. 29 to remove Helms as the trial judge, accusing Helms of intimidating him. Helms said Marshall was being disrespectful and refused to obey the court's orders.

On Oct. 4, the first day of the latest trial, Helms stopped Marshall during the questioning of one of the witnesses.

Marshall said "Lord," reared back in his chair with outstretched arms, cast his eyes upward and turned to the audience, Helms said.

The lawyer -- who is also a minister -- said he was frustrated and about to pray. He said he never intended for the remark to be disrespectful or for others to hear it.

"When you're involved in trial and the motors are running ... there are times when you feel you need strength and my strength comes from God," said Marshall

But Helms said it was disrespectful.

"If the court does not get the respect from members of the bar, we can't have the respect from clients, and then we have anarchy," Helms said to Marshall.

"Mr. Marshall, I think you are an excellent trial attorney. You have an air about you that many attorneys don't have, but you waste it on petty things."

According to the Winston-Salem Journal, two mistrials had already been declared in the case because of hung juries, and Marshall said that the third trial brought on stress. He said that stress likely led to the remark.

Helms sentenced Marshall to two days in jail, 70 hours of community service and a month-long suspension of his license. Marshall will also be examined by a psychologist.

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