Jailed Lawyer Says Judge Illegally Ordered Drug Test on His Urine
(Katheryn Hayes Tucker and Kathleen Baydala Joyner) A former Fulton County prosecutor who is fighting to limit the damage drug convictions will have on his legal career was jailed in Cobb County by a judge who suspected the lawyer was again under the influence.
Rand Csehy contends he was simply advocating for his client’s constitutional rights when Superior Court Judge Adele Grubbs held him in contempt and illegally ordered a urine sample for a drug test, according to his attorney, Daniel Kane. Kane also said Csehy maintains that test produced a false positive result.
Kane said his client “maintains the judge was agitated” because Csehy was insisting on a motion to suppress and for a jury trial for his client, who also faced drug charges.
“Rand feels that he was being pressured to plead this guy out and he wasn’t doing it,” said Kane.
The judge, who declined to comment, painted a different picture in her contempt order against the six-foot-tall, 195-pound, hazel-eyed defense attorney, as his booking record describes Csehy. Grubbs wrote that he was “disheveled,” that he was “perspiring profusely,” that his eyes were “bloodshot” and that he was “unable to stand without leaning on a bench or the podium.” The judge added that the court-ordered drug test showed the presence of cocaine and amphetamines.
Kane argued that the judge jailed his client on an “I don’t like the way you look in my courtroom” charge. He said he is researching the law to determine whether a judge has a right to order a urine test of anyone in a courtroom for any reason—other than a defendant. “It’s never happened before,” Kane said. “It’ll be a case of first impression.”
On the question of the judge’s right to order urine testing on a lawyer, Cobb County District Attorney Vic Reynolds said, “That’s probably what we’re going to be litigating.”
As to the claim that the urine test produced a false positive, Reynolds said the matter will be settled by a more time-consuming blood test, the results of which will likely be in next week. If the blood test shows drugs, then the DA said he will make a decision about whether to prosecute Csehy.
“A suspension of one to two years for [Csehy’s] criminal conduct would most certainly disrupt public confidence in the legal profession,” the bar argued.
The bar noted that Csehy’s crimes involved drugs and a loaded gun.
“[Csehy] made the conscious decision to carry a pistol loaded with 15 10mm cartridges while possessing methamphetamines and Ecstasy,” the bar’s response stated. “There was a substantial potential for violence given the number of guns [Csehy] routinely had in his possession during a time that he was admittedly impaired.”
Graham, Csehy’s lawyer in the discipline case, could not be reached for comment.