Is #BillSchmalfeldt Appealing?


I’m asking about his loss in court on Friday, not his personality. He admits his manners leave something to be desired. In an attempt to post at this website on 28 May, he wrote, “I am a crude and vulgar person …” Just so.

Today, in a comment the Cabin Boy posted at The Other McCain, he wrote:

…  I and most legal experts I’ve talked to … don’t think the judge’s decision will hold up to an appeal.

Perhaps he should open a fresh can of lawyers. I’ve talked to roughly a dozen lawyers whose practices deal with protective orders and peace orders, and not one of them agrees with the District Court judges’ interpretation of the law. Other than those judges, the only lawyer who has espoused that view was the one paid to defend Schmalfeldt and Kimberlin, and he was overheard warning his clients to stop the harassment or expect to go to jail.

Bill Schmalfeldt is welcome to file a petition for a Writ of Certiorari with the Maryland Court of Appeals. Unlike Brett Kimberlin’s appeal last year, his petition might not be denied. But that could backfire on him. Given that court’s previous decisions in harassment cases (Google Scholar is a handy tool.), I would expect that Judge Stansfield’s decision would be affirmed. Of course, by taking his losing case all the way to the top, he would perform a public service by securing a ruling that would apply the law uniformly throughout the state. And he does say that he’s big on altruism.

Meanwhile, the Final Peace Order is in effect. It contains a NOTICE TO RESPONDENT that reads,

Violation of the Peace Order may be a crime or contempt of court or both, and could result in imprisonment or fine or both.

Md. COURTS AND JUDICIAL PROCEEDINGS Code Ann. § 3-1508 contains these words:

(b) Arrest. — A law enforcement officer shall arrest with or without a warrant and take into custody an individual who the officer has probable cause to believe is in violation of an interim peace order, temporary peace order, or final peace order in effect at the time of the violation.

If I believe the peace order has been violated, I will seek to have it enforced.

UPDATE—The Other McCain has now banned Schmalfeldt from posting.

10 thoughts on “Is #BillSchmalfeldt Appealing?

  1. Interesting fact i haven’t touched on. Notice that the word in that statute is “shall.” that means it is not optional. It is a command. So if there is probable cause that Schmalfeldt has violated the order, they will have no choice but to arrest him. in theory.

  2. Shame that The Other McCain banned him. It was an interesting glimpse into the way his mind works. Scary in his absolute refusal to accept responsibility for his actions, but interesting nonetheless.

    • It’s my understanding that BS was banned because of an implied threat to other commenters.

      I don’t have any problem with banning someone for that reason. Indeed, Schmalfeldt was banned here because of a threat.

  3. Neal has decided that this will be reversed…
    “Earlier today a Maryland court issued a decision on a peace order, which you
    would think would be a very minimal and pedestrian thing, but the precedent
    established has far reaching implications. Discussion of any resident of the
    state via Twitter provides a quick, easy path to criminalizing mention of their
    username.
    Long term I suspect this is going to end up with the ACLU or the EFF, and it
    will be reversed in a precedent setting fashion, but in the mean time this the
    law of the land, and I have adapted to it.”
    http://www.slideshare.net/thecryingwolfeblog/nealrauhauser-wordpress-com20130614adminnoteforeignpo

  4. I enjoyed the set-up of the headline, and rather hoped you would leave it to the comments to induce hilarity.

  5. I’m kinda curious as to what exactly Neal would be “adapting?” As best as I can tell, he is claiming that using a political non-combatant’s name in print could result in a peace order, and, eventually, a bench warrant. Seems Neal has already crossed that line! The deadbeat dad’s presence has been summoned by several judges nationwide.

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