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Judge testifies about Carey's conduct

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Wednesday, October 8, 2008
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AUBURN - A Rumford lawyer and former casino referendum official appeared at Androscoggin County Superior Courthouse on Tuesday to defend himself against efforts to suspend his license to practice law in Maine.

A district court judge testified that she had concerns about Seth Carey's professional competency.

Judge Valerie Stanfill said on several occasions Carey appeared before her in court and seemed to lack a fundamental understanding of what the rules required. She said she would not appoint Carey to defend anyone in her courtroom, fearing he may be constitutionally ineffective.

The Maine Board of Overseers of the Bar is prosecuting Stanfill's complaint against Carey, seeking suspension of his law license. Three other complaints against Carey also are being heard by Maine Supreme Judicial Court Justice Andrew Mead in the courthouse library. Those complaints were forwarded to Mead by a grievance panel of the Board of Overseers, which held hearings in the spring. That panel dismissed two other complaints filed against Carey.

Stanfill said Carey represented a defendant at a bail hearing at district court in Farmington. After a local prosecutor argued his case for bail, it was Carey's turn. He simply said the amount of money suggested by the prosecutor seemed like a lot, Stanfill said. Rather than argue why the defendant's bail should be a lower amount, Carey said nothing.

"He seemed completely at a loss as to how he was supposed to respond or what to do," she said. She coached Carey from the bench, she said, asking him whether his client could afford the proposed bail. Carey, in turn, asked the defendant, she said.

"I was uncomfortable with his level of representation," she said. "My eyebrows were raised."

Later, at a traffic violation trial, she said Carey made tactical errors in his defense strategy and appeared to lack an understanding of what was required of him.

While questioning his client on direct examination, Carey asked leading questions repeatedly, she said. Eventually, the prosecutor objected to his approach. Stanfill said she instructed Carey not to ask leading questions, but he apparently wasn't able to ask any other kind.

An assistant district attorney from Oxford County who prosecuted that case testified Tuesday that Carey "essentially froze up" after Stanfill's admonitions.

Stephen Chute, Carey's lawyer, asked Stanfill whether she thought the constitutional rights of Carey's clients had been violated and whether they got fair hearings. She said their rights hadn't been violated, but she was afraid the rights of future clients could be put in jeopardy.

She said she called the office of the Maine Board of Overseers of the Bar and asked what triggered her responsibility to challenge a lawyer's fitness to practice law. She said her impression of Carey's abilities "could be incorrect."

Stanfill said she was reluctant to file a complaint. "I don't like it; I didn't want to do it."

The hearing is expected to end Wednesday. Justice Mead could take any of a half-dozen actions, from dismissal of all complaints to disbarment. He could issue a reprimand or suspend Carey's license.

Among the complaints forwarded to Mead by the Grievance Commission is an allegation that Carey met a former high school acquaintance at the district court in Rumford and talked to him about a number of topics, including the man's job and income history. Carey was at the courthouse seeking a continuance in a child custody case involving the man and Carey was representing the man's former wife.

Another complaint alleges that Carey went behind the back of another lawyer when Carey helped his own client draft a property settlement agreement to present to the man's estranged wife without notifying the woman's attorney.


CLICK HERE To Show/Hide Discussion Thread - (20 Comments)
Comments
Posted By:Citizen at October 8, 2008 5:13 AM (Suggest Removal)
After reading this article it now seems like a lot of UN-necessary back peddling is being done, Cary is a ineffectual BUM. Pull his license before someone goes to jail unnecessarily. Or has "daddy" bought his way out????

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Posted By:Walkinmyshoes at October 8, 2008 6:40 AM (Suggest Removal)
What do you expect from someone who needed 5 years to pass the bar exam?

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Posted By:Bob at October 8, 2008 6:50 AM (Suggest Removal)
How many years did it take for you to pass the Bar?

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Posted By:Johnny P at October 8, 2008 7:37 AM (Suggest Removal)
Yes Miss, do tell... How many times did you have to take the exam before passing?

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Posted By:Belinda at October 8, 2008 8:26 AM (Suggest Removal)
Johnny, why would it matter how how long Miss had to take before passing it........ (no I don't know Miss) Rather or not Miss practices law isn't in question. Cary is the one being decided upon here. I am not even from the Rumford area and I have heard horrid things about his personal attacks and courtroom lack of protocol.

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Posted By:E at October 8, 2008 8:33 AM (Suggest Removal)
Was this "Bar Exam" at Diconzos'?

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Posted By:MomOfTwo at October 8, 2008 8:44 AM (Suggest Removal)
A crooked lawyer? No way!! Who'da thunk it? Yet ANOTHER lawyer who can't be trusted.

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Posted By:Pol at October 8, 2008 9:11 AM (Suggest Removal)
It seems rather unfair and simplistic to damn an entire profession just because a few idiots or crooks slip through and pass the bar.

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Posted By:Johnny P at October 8, 2008 9:29 AM (Suggest Removal)
Belinda, you have apparently entirely missed my point and my sarcasm.

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Posted By:ski at October 8, 2008 9:53 AM (Suggest Removal)
Johnny P I think they all missed your point and sarcasm.

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Posted By:dave at October 8, 2008 9:55 AM (Suggest Removal)
I'd place some blame on his father who apparently did not mentor him in the practice of law and court procedures. No attorney fresh from passing the bar has a clue how to actually practice the law. Like Doctors who need years of internship lawyers need a year or two under an experienced lawyer before they are ready to enter the court room and argue a case.

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Posted By:dave at October 8, 2008 9:58 AM (Suggest Removal)
For example, local attorneys Hoffman and rice who practice under thier own name where first junior lawyers in Tom Carey firm for at leaste 1 year if not more. Little Carey passed the bar and was allowed to take clients and attempt to argue cases way to early.

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Posted By:andre at October 8, 2008 10:56 AM (Suggest Removal)
E why do you even bother posting,your lack of education on real issues comes through loud and clear,i think you need to go onto a comedy chat room and keep practicing your craft.cause you suck at it.i agree with you all,seth has been bailed out to many times by poppa,he should have had to intern for at least a year under some other firm besides poppas,i think he should be suspended and made to go back to law school.if he then cant pass the bar the first time after 5 times already then take away his license..and i guess he'll have to go get a real job in the real world.

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Posted By:andre at October 8, 2008 11:05 AM (Suggest Removal)
oh yea ,hey E TO BAD YOU DONT HAVE THE BALLS TO GO TO SOME TOWN MEETINGS AND VOICE YOUR OPINION THERE,IM SURE MR DICONZO WOULD LOVE TO DEBATE YOU ON ALL YOUR KNOWLEDGE OF ALL THE ISSUE,NOT THAT IM DEFENDING THE MAN.BUT I GET SICK OF YOUR LACK OF BRAIN POWER WHEN EVER YOU COMMENT ON HERE...

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Posted By:E at October 8, 2008 12:11 PM (Suggest Removal)
Rob, Get A life! I was trying to make a funny. I was talking about Diconzo's Bar The candlestick lounge in the basement. But evidently you are just a liberal nut case. I see4 them called moonbats here! Be careful next time because grown-ups won't like you if you keep acting like that!

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Posted By:Ph.D.iva at October 8, 2008 1:47 PM (Suggest Removal)
Does a real job in the real world mandate being constitutionally "effective"? How about a year of anger management therapy and I'll consider Seth for employ as a bellhop or porter in a casino..........

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Posted By:Timeout at October 8, 2008 4:06 PM (Suggest Removal)
E, I thought it was funny. Rob, all caps posting...hmmm...looks familiar.

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Posted By:Walkinmyshoes at October 8, 2008 5:07 PM (Suggest Removal)
For the record - I'm not a lawyer, but my profession does require me to pass a statewide licensing exam - which I passed the first time - for all 4 areas in which I need to be certified. How about your jobs Ed & Johnny P? Did you need to pass a licensing exam to earn your money? Don't insinuate I'm throwing stones in glass houses...

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Posted By:working man at October 8, 2008 6:53 PM (Suggest Removal)
not even news worthy this punk will get a slap on the wrist and will be defending the rumford hillbillys in no time

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Posted By:chef at October 8, 2008 9:49 PM (Suggest Removal)
workingman i live in rumford and i am no a hillbilly i resent that remark you are just showing your ignorance. and yes my job required a state licence too and i bet most of you here don't even know seth imo he is a nice human being and so are his folks

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