Just so happens, I was in Alpena Probate Court a few years back when the “tea” (what young people now call gossip) was all about a local lawyer being arrested that very day for stealing money from estates. Other than being told that this lawyer was acting as a fiduciary when the alleged malfeasance occurred, I didn’t get many details. But those details, and more, are now available for all in this unpublished opinion.
To read In Re Contempt of Michelle L. Elowski, click here.
Besides details of the apparent wrongdoing, the case also addresses some of the issues that arise when judges find persons appearing before them to be in criminal contempt, when those appearances are done remotely (i.e., via Zoom).
What we learn is that when you appear in court via Zoom, you are subject to the same rules of contempt as if you were there in person. Meaning, that this lawyer’s argument that she wasn’t physically present in court so could not be held in criminal contempt, did not fly.
What we also learn is that the requirement that a judge impose the penalty immediately upon observing the contemptuous conduct cannot be defeated by the person engaging in contempt simply disconnecting from Zoom before the Judge can speak the sentence. (Had the attorney been in the courtroom, a bailiff would presumably been available to prevent her departure.)
Finally, the Appellant-lawyer wins one on the point that the admissions she made in the contempt proceeding cannot be used against her in future criminal proceedings because she raised her Fifth Amendment right not to self-incriminate but was told by this Judge that he would jail her for contempt if she did not testify. The Court of Appeals says that was not ok.
370102
I haven’t read the case yet, but your description sounds similar to an opinion I read in the fall, except, perhaps, more foul language involved…. Check out COA Opinion No. 371447
thanks Brad – will do
The Mausolf Family is still waiting to hear where nearly $500,000, or more has disappeared , while in the hands of Michell Elowski.
i am sorry to hear that. i don’t know if the state bar has a victim fund that may be able to help offset some of the damages. but might be worth checking.