Assistant Dothan City attorney faces harassment complaint

By Matt Elofson

Published: December 30, 2008

An assistant City of Dothan attorney has been accused of trying to provoke another attorney during a hearing in a Dothan courtroom earlier this month.

David Harrison, an attorney from Geneva, said he filed a misdemeanor harassment charge against Joe Herring on Monday in front of a Dothan magistrate.

An attempt by the Dothan Eagle to obtain a written copy of the charge against Herring from the city was unsuccessful on Tuesday.

Harrison, 47, claims Herring ran toward him and chest bumped him during a municipal court hearing on Dec. 16. Harrison said he also filed a complaint with the Dothan Police Department. Herring works as an assistant attorney for the City of Dothan.

Harrison said the incident happened during a youthful offender hearing for a possession of marijuana case held in front of Dothan Municipal Court Judge Rose Evans-Gordon.

“He rushed me, and I mean he ran with his fist balled, shouting ‘we’ll take it to the street,’” Harrison said. “He bumped me at least once.”

Harrison said Herring bumped him in the chest twice, attempting to provoke him.

The incident happened after Harrison called the city’s allegations against his client a lie during his arguments in the case. He said Herring then physically harassed him.

Harrison also questioned why a summons to appear in court would be served on Herring instead of an arrest warrant.

A written complaint was also filed by Harrison before Christmas with the Alabama Bar Association. Tony McLain, general counsel for the Alabama Bar Association, said he could not confirm or deny a bar complaint. McLain said in an e-mail he could only release disciplinary action after a lawyer either pleads or is found guilty of an ethical violation.

Herring, 42, has practiced law in Alabama since 1998, according to court records.

Dothan City Attorney Len White, who serves as Herring’s supervisor, said Herring will continue to serve as a prosecutor for the City of Dothan in municipal court. White said he has spoken to Herring about what happened during the hearing. However, White declined to comment about what the city says happened during the hearing.

“The code of professional conduct applies to all lawyers, and the city attorney’s office will comply with the highest standards of both personal and professional comportment,” White said. “It’s improper under the rules of conduct to make a statement that’s likely to influence the outcome of a proceeding. It’s improper for me to try this case in the newspaper under the rules.”