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Lawyers Yana and Atalig return to jail
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Posted on Apr 24 2008
Lawyers Reynaldo O. Yana and Antonio M. Atalig were ordered back to jail yesterday for their continued failure to return $1.3 million in attorneys’ fees that they received in the controversial Angel Malite estate probate.
Superior Court Associate Judge Kenneth Govendo said that Yana and Atalig would continue to be imprisoned until they return the attorneys’ fees in the full amount of $1,138,500 for the civil case and $150,000 for the first distribution in the probate case, for a total of $1,288,500.
The judge set a status conference for June 16, 2008 at 9am at which time he will consider any efforts made by the two lawyers to comply with his order to return the attorneys’ fees, in whole or in part.
Govendo said he would determine at the June 16 hearing whether Yana and Atalig have purged themselves of the contempt order and should be released from jail.
Govendo issued the contempt order against the two lawyers on March 28, 2008, and ordered them to be imprisoned until they disgorged the $1.3 million attorneys’ fees.
Since the order was issued, neither attorney has returned the fees, in full or in part.
In yesterday’s review hearing, Yana and Atalig claimed that their failure to comply with the court’s orders was due to the restraints placed upon them by the Department of Corrections.
Atalig was the one who argued; Yana did not talk much. Both lawyers were in prison suits and were handcuffed when taken to the court and after the hearing.
After listening to the arguments, Govendo said he would like these restrictions to be eased so that Yana and Atalig will not be hindered in their efforts toward disgorging the amounts in question.
The judge then ordered that the two lawyers be granted full access to a telephone for a period of one hour per day.
In addition, he said, Yana and Atalig are to be allowed unlimited visits from their staff.
Govendo said that because Yana and Atalig are being held for civil contempt, they are no longer to be dressed in the prison coveralls.
“They are to be allowed to wear civilian clothing, both at their future court appearances and while imprisoned,” said the judge in his written order.
