A District Court judge yesterday fined a Limerick solicitor €1 after finding him in contempt at Kildysart District Court in Co Clare.
Judge Joseph Mangan fined solicitor Mr John Devane after he insisted that the judge excuse himself from hearing a case, claiming that his client would not get a "fair hearing".
Mr Devane believed his clients would not get a fair hearing following comments which the solicitor claimed Judge Mangan made at a previous court sitting.
Mr Devane was referring to an incident at Shannon District Court last year when he called the judge "a clown".
Mr Devane said he was told on that occasion by Judge Mangan that his behaviour in court "would not serve his clients well in future".
Judge Mangan refused to excuse himself from the case and asked Mr Devane whether he wished to continue with the hearing.
Mr Devane said it would be a "travesty of justice" if he did. Judge Mangan adjourned that case until today in Tulla, however Mr Devane said he would not be able to attend. The hearing is now set for September.
Judge Mangan held Mr Devane in contempt stating that "it isn't the first time we find ourselves at this juncture".
The solicitor immediately apologised, which Judge Mangan said he was "taking into account".
The judge fined Mr Devane €1, allowing him one month to pay. Failure to pay the fine could result in the solicitor spending one month in jail.
"You might as well send me to prison now because I won't pay the fine, judge," Mr Devane said.
Mr Devane was in court yesterday representing a 32 year-old man, who allegedly exposed himself in his car after he stopped to give a 20 year-old woman a lift.
The incident is alleged to have occurred near Ennis in June 2002 when the woman accepted a lift from the accused.
He told her that he was going to Lissycasey while she said she was going to Kilrush, several miles further on.
As the woman was giving evidence yesterday, Mr Devane asked Judge Mangan to direct the Garda superintendent not "to lead the witness".
Judge Mangan ruled that the superintendent was not leading the witness. Following a further exchange between Judge Mangan and the solicitor as he cross-examined the witness, Mr Devane requested that the judge excuse himself from the case and all of his cases claiming that his clients would not get a fair hearing.