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Lapeer and Port Huron-based attorney David Black reported to the St. Clair County Jail Friday morning. Black was found guilty in March and sentenced by St. Clair County Probate Judge Elwood Brown to three days in jail, six months of reporting probation, 40 hours of community service and $7,500 in attorney fees.

Brown found Black guilty for deceiving attorney Mike Gildner, of Imlay City, to gain an edge for his own client in court.

"He lied to me and he lied to the judge to gain a tactical advantage," Gildner said. "He's now facing punishment that the judge thought was fair."

Problems began Jan. 24 when both lawyers were due in Brown's court at 10 a.m. to argue a motion filed by Gildner in a divorce proceeding.

"He called my office that day at 8:02 a.m. and said he couldn't possibly be in court until 11 a.m.," Gildner said. "He said he'd already contacted the court and they were okay with it. He said he was in Mt. Clemens, and there was no point in hurrying to court. I advised my client not to get there until 11 a.m."

At some point after 10 a.m., Gildner thought it prudent to check in with the court and advise them that he'd been told of the delay.

"My secretary called the court and was advised that David Black had never called to reschedule. She also said David Black was in court one-half hour early," Gildner said. "He clearly knew that Judge Elwood Brown has a reputation for being timely. He knew that if I didn't show up, my motion would be dismissed."

Gildner instructed his client to hurry to court and rushed there himself.

"My client is sitting there waiting for me, and has no idea what's going on," Gildner said. "David Black approached him three times and wanted to settle the matter before I got there."

Court documents show that during later testimony about the incident, Gildner's client stated that Black asked him to step out in the hallway twice so they could try to settle the case.

"When he did not respond, Mr. Black came back a third time and told him to 'get his ass in the hallway or he would be in trouble.'"

Gildner arrived in court 40 minutes late for the motion and told Brown he appreciated the court's consideration. He explained his reason for being tardy.

"The judge asked him if he made the representation," Gildner said. "He jumps up and says, 'Absolutely not.'"

The court found the testimony of both Gildner and his client to be credible and determined that Black lied to the judge and to Gildner.

Black's lawyer, Ken Mogill, of Lake Orion, believes his client had no intention of deceit.

"There are times when people use words not as carefully as they should. They're misconstrued and it leads to a misunderstanding" said Mogill. "He could have been more clear on his language, but there was no intent."

Black reported to the St. Clair County Jail 8 a.m. Friday, said Sgt. Cathy Stroh.

Susan Younger may be reached at (810) 664-0811, Ext. 8122 or susan.younger@lapeergroup.com.