Attorney claims he was detained in case of ‘lawyering while black’

A Maryland attorney claims he was mistaken for a suspect and briefly detained by a sheriff’s deputy during a court proceeding earlier this month — a case of “lawyering while black,” according to his attorneys.

Rashad James, a staff attorney for Maryland Legal Aid’s community lawyering initiative, alleged in a complaint obtained by the Baltimore Sun that he was mistaken for his client, who is also black, during his court appearance representing defendants in Harford County District Court on March 6.

“This is actually the first time this has occurred to me, and I do not know of any colleagues who have had a similar experience,” James told the newspaper. “In the moment, it was sort of surreal in the sense that I guess it was just one of those unexpected things that I just did not anticipate.”

James, the only black attorney in the courtroom at the time, said the deputy briefly detained and questioned him on the basis of his race. James’ client, who did not attend the proceeding, had an open warrant out for his arrest, according to the attorney’s complaint.

James provided the deputy with his driver’s license, but the officer didn’t think it was valid. He was released about 10 minutes later, the complaint alleged.

Maryland Legal Aid staffers said in a statement that they were troubled by the “deeply disturbing incident,” which they characterized as an instance of “lawyering while black.”

“If Mr. James were white, the officer would not have doubted that Mr. James was an attorney, would not have questioned his identity, and certainly would not have detained Mr. James after seeing his driver’s license,” said Andrew Freeman, an attorney who is representing James. “There is no plausible explanation other than racial bias.”

Harford County Sheriff Jeffrey Gahler confirmed in a statement obtained by The Post that his office is investigating James’ claims.

“As with all complaints, the complaints filed on behalf of Mr. James was promptly assigned to the Harford County Sheriff’s Office-Office of Professional Standards for a complete and thorough investigation,” Gahler said. “We take all complaints seriously.”

Gahler also criticized James’ attorneys for releasing the name of the deputy before the investigation has been completed.

“Releasing it without cause, and on speculative accusations alone, can destroy a law enforcement officer’s reputation and threaten their safety,” Gahler’s statement continued. “Noting the need for a thorough investigation and the often incorrectness of premature rushing to judgment that is all too common in our society today, it is disappointing that anyone associated with our legal process would intentionally work to malign the character of another person.”

James, who was not available for an interview early Wednesday, said he’ll now carry business cards with him in the courtroom to prevent a repeat occurrence.

“At no time did I feel in danger,” he told WBAL. “I knew, regardless, that I wasn’t in the wrong.”

via: https://nypost.com/2019/03/27/attorney-claims-he-was-detained-in-case-of-lawyering-while-black/