Mary Chappelle violates the attorney Rules of Professional Regulation and claims fees in open court to which she was not entitled. It started during a hearing before Judge Angela Jewell in which the matter of fees for Guardian ad Litem (GAL) Mary Chappelle was to be discussed. The hearing was scheduled for 10:30 a.m., and Mary Chappelle did not show up. According to the law, Judge Angela Jewell should have waived Mary Chappelle's issue of fees in favor of Pro Se litigant and mother Terri White, who was present, when the GAL failed to show. If she wanted to be extremely lenient, Judge Jewell could have cancelled and rescheduled the hearing. Instead, Judge Jewell made everyone in the courtroom wait while Mary Chappelle was called and reminded. Everyone waited further until Mary arrived at the courthouse and entered the courtroom. Mary claimed attorney fees, but did not provide an amount in her pleading. The law requires that attorneys file affidavits with the court with the amount of fees prior to such an award. (NMRA 1-127: "Attorney fees in domestic relations cases. A motion for attorney fees pursuant to Rule 1-054 NMRA shall include an itemization of time expended and an affirmation that the fees claimed are correctly stated and necessary.") This law is in place to prevent fee abuse on the part of attorneys by making at least some of their charging practices transparent to the public in case docket files.
Judge Angela Jewell, bending over backwards for this GAL who did not bother with the law on the subject, allowed Mary to show up late and verbally state the amount of her fees, in spite of Terri's objection regarding the lack of an affidavit. It was obvious to attendees that Mary had no idea what she was talking about, fumbling through a sheaf of paper and finally blurting something out. Regardless, Judge Jewell awarded the fees. Later, Mary Chappelle faxed this letter to Judge Jewell, admitting that she was not prepared for the hearing and that the amount stated was too high. Such behavior on the part of an attorney is a violation of law, specifically, : "Candor toward the tribunal. A. Duties. A lawyer shall not knowingly: (1) make a false statement of material fact or law to a tribunal" Why is it that attorneys such as Mary Chappelle seem to be above the law when it comes to Judge Angela Jewell's courtroom? Mother Terri White has been claiming for years that Mary Chappelle has falsely represented her children's complaints and concerns to Judge Jewell. If Mary would so easily lie about her fees, it is not a big leap to infer that she has also misrepresented the children's situation to the tribunal, Judge Angela Jewell, as well. More on Mary Chappelle... |