By Mark Wineka and Frank DeLoache
Salisbury Post
Todd Paris, the Salisbury attorney reprimanded for reading a men’s magazine in open court, has reached a settlement with the judge who held him in criminal contempt.
District Court Judge Kevin Eddinger agreed Thursday to vacate the criminal contempt order he previously issued Jan. 23 and find Paris in civil contempt instead.
Paris will have to pay a $500 fine, not the $300 ordered previously in the criminal proceeding. He no longer faces a suspended 15-day jail sentence and a year of unsupervised probation.
In effect, Paris avoids having a criminal record and waives any right to appeal.
He also agrees to abide by Rule 12 of the General Rules of Practice for the Superior and District Courts, “and shall otherwise comport himself with propriety and in a professional manner while in the courtroom,” the new order says.
The Salisbury case has drawn national attention and prompted considerable comment and debate on a number of Internet blogs and Web sites.
The consent civil contempt order was released Friday afternoon by Salisbury attorney David Bingham, who serves as a N.C. State Bar Association counselor. Bingham has been working throughout the week to resolve the case, as Paris mulled a possible appeal.
“All parties involved have agreed to refrain from any further comment on this matter,” the statement from Bingham’s office said.
“North Carolina courts, and particularly each judge presiding in Rowan County, remain committed to a courtroom environment in which proper decorum, good manners and behavior respectful of courtroom personnel and the public are maintained and preserved.”
According to the new order, the court finds that Paris failed to comply with Rule 12 “and the commonly understood standard of conduct for attorneys appearing in this court.”
Paris also acknowledges, the order says, “that further discourse relating to or criticism of this court or its actions … would be indecorous and would subject him to further judicial review and possible discipline.”
The new order says Paris’ conduct “interrupted the proceedings of the court and impaired the respect due its authority.”
“In addition,” the order continues, “(Paris’) actions were grossly inappropriate and patently offensive.”
Mel Wright Jr., executive director of the Chief Justice’s Commission on Professionalism, said all court personnel are expected to follow Rule 12 and conduct themselves with dignity and propriety. He also acknowledged that judges have all the authority in how they interpret the rule.
Wright said he hasn’t heard “of this sort of case a lot.”
On Jan. 23, Eddinger held Paris in criminal contempt for reading or displaying in court the men’s magazine Maxim, featuring reality television personality Heidi Montag in lingerie on the cover.
Paris was seated in the front courtroom area reserved for members of the Bar.
The new order repeats that Paris held the magazine in a manner “unavoidably clear” to Eddinger and in the presence of law enforcement officers (including female officers), deputy clerks of court, other attorneys and the general public.
The magazine cover “prominently displayed a topless female model,” the order says.
The order continued: “Given a chance to respond, (Paris) apologized, stated his view the magazine was not pornographic, the magazine was available for purchase at local stores, the magazine was not purposely prominently displayed and that (Paris) did not intend to contempt the court.”
But the civil contempt order also concluded that “courtroom staff, law enforcement officers, members of the Bar and members of the general public should be able to conduct courtroom business in an atmosphere free of the display of offensive material.”
Contact Mark Wineka at 704-797-4263, or mwineka@salisburypost.com.