After an ASU graduate is tried on hit-and-run charges, her defense attorney will be put on trial for contempt of court, a judge ruled Friday.
David Cantor was ordered in November to seize the passport of Muneerah Al-Tarrah, a citizen of both the United States and Kuwait, who was accused of driving the SUV that allegedly struck and killed Todd DeGain, 35, of Mesa.
But in January, the Maricopa County Superior Court discovered Al-Tarrah had fled the country in December.
Cantor then filed to withdraw from the case because he said her fleeing created an inappropriate client-attorney relationship, his attorney Mark Harrison said in court Friday.
"He'd be in a position where he is trying to represent a client who has failed to follow his directions," Harrison said.
But Judge Richard Gama denied Cantor's motion to withdraw.
"Although Miss Al-Tarrah isn't attending, the firm should represent her," Gama said.
Gama also ruled Cantor be tried for contempt of court for not seizing Al-Tarrah's passport.
"Findings show there is substantial evidence [Cantor] willfully refused to comply with the court order," Gama said.
At the initial hearing where the court ordered seizure of the passport, Gama said it was clear that was Cantor's responsibility.
Cantor was also supposed to submit an affidavit within 24 hours of seizing Al-Tarrah's passport to notify the court it was in his possession, he added.
Gama set the date for Cantor's trial for May 15. Al-Tarrah's trial is set to begin April 10.
Harrison asked to speak to the court on Cantor's behalf regarding the passport issue, but Gama said his findings were sufficient.
After the oral argument, Harrison said he thought Gama misread the court order.
Cantor did try to collectAl-Tarrah's passport, he added.
"He told her she had to submit it on several occasions," he said. "He can't forcibly make her do it."
The court should have taken responsibility to collect Al-Tarrah's passport itself, Harrison said.
"In [an October] hearing, Cantor three times indicated that if they were concerned about the passport, they should require it [to be submitted] to them," he said.
Cantor also filed an appeal for the Supreme Court to accept jurisdiction of seizing the passport, Harrison added.
If the appeal had been accepted, a stay would have been implemented and the court order to collect the passport would have been postponed.
Harrison said Cantor thought the Supreme Court had issued a stay.
But the appellate court later declined jurisdiction, he said.
"Lots of experienced attorneys don't know the specific rules of when stays go into effect and what counts as a stay," he added.
Glenn DeGain, Todd DeGain's father, said he was satisfied with Gama's decision to try Cantor for contempt of court.
"I think anyone who receives a court order must be held responsible," he said.
Earlier requests from Al-Tarrah and her co-defendant were unnecessary, DeGain added.
"The motions to take pleasure trips and get passports are all just delaying the real trial," he said. "I'm glad we're going to focus on accountability."
Reach the reporter at tara.brite@asu.edu.
