
On September 19, 2024, the Honorable Lisa Lott conducted a probation violation hearing in the case of State v. T. Hillsman. It was alleged that Mr. Hillsman had violated his probation in 10 different ways. After the case was called, the District Attorney’s Office put up several witnesses addressing three of the ten alleged violations. Despite having other witnesses in the hallway, ADA Elizabeth Sutton (licensed in 2005) and ADA Michael Ody (licensed in 2002) failed to call further witnesses or provide any evidence regarding the remaining allegations.
When the District Attorney’s Office was called upon the Court, they failed to dismiss the remaining allegations, call additional witnesses, or explain why they had witnesses in the hallway that were not being called to testify.
After the Court reminded ADA Sutton and ADA Ody of prior situations involving their lack of preparation and readiness, they apologized to the Court and suggested they would try to learn how to properly fulfill their obligations.
The Court thereafter conducted a contempt inquiry and found that ADA Sutton and ADA Ody were in contempt of court for failing to comply with their professional obligations, failing to properly prepare for the hearing, and disregarding the Court’s prior admonishment regarding the same conduct. Each of them were found in wilful contempt of court and ordered to pay $150.00 to a charity of their choice as a contempt sanction.
Interestingly, ADA Sutton and ADA Ody did not apologize to the Defendant for filing a petition for probation violation, requesting he be held in confinement, and then failing to prove the allegations.