United States v. John L. Marthaler

John L. Marthaler appeals from a contempt conviction under Fed.R.Crim.P. 42(b) following his conduct in court as a purported attorney for Dr. and Mrs. Brodie in two civil tax cases.

The judgment of criminal contempt was based upon his violation of 18 U.S.C. § 401 (3) and Rule 9(b) of the local rules of the Eastern District of California. He was fined $300.

On appeal Marthaler asserts procedurally that he was entitled to indictment and jury trial, and that he was not given a “reasonable time” to prepare his defense as required by Fed.R.Crim.P. 42(b). He asserts substantively that he was entitled to act as an attorney for others in a civil ease. Neither point is well taken.

At trial the government established that Marthaler had never been admitted to the bar of any relevant court. Nonetheless, he executed a civil cover sheet filed with the clerk of the court in Civil Action No. S-77-33, Brodie v. Hull, representing himself as attorney for the plaintiffs. The government proved that he had also claimed to be the attorney in Civil Action No. S-77-222, Brodie v. Carter. Marthaler also had caused a summons to be issued by the clerk of the court and had signed as attorney in each of…