Yesterday, I reviewed the transcript of the Kimberlin v. Hoge peace order appeal trial that was held in the Circuit Court for Montgomery County in 2015. It was held before The Dread Pro-Se Kimberlin’s State Senator introduced the bill that removed Maryland’s prohibition on testimony by convicted perjurers, and I was struck that about a quarter of the proceeding dealt with whether Brett Kimberlin would be allowed to testify. He wasn’t.
He had also expected to act as counsel for his daughter in the case, but that was dealt with quickly.
MR. KIMBERLIN: Yeah, but somebody has to present the case. I have all the evidence. I have all the documents, you know, and —
THE COURT: Okay. But you could have hired an attorney for your daughter.
MR. KIMBERLIN: I could have hired an attorney, I guess, but I haven’t had, I didn’t do that in the District Court, and the District Court let me present all the evidence that I’m going to present here. And you know, I mean, how can you — a father has a right to, to come in and present his case for the daughter. I mean, it’s, that’s elementary. It’s, I mean, she, she can’t do it herself.
THE COURT: You know, I don’t know. You do have a problem here which, if you had hired an attorney, you wouldn’t have the problem.
So I’m not going to allow you to act as a lawyer. You’re not barred in the State of Maryland. You really can’t act as an attorney for your daughter. And I think the cases make — as I said, conflict with the statute, but they make you incompetent to testify, so I don’t know in what capacity you’d be filling me in on what your daughter’s case is.
Can’t be a lawyer, since you’re not barred. Can’t be a witness.
The District Court’s denial of the peace order petition was upheld.
Everything proceeded as I had foreseen.