A topic of note in the news recently is the subject “Contempt of Court.” It is a simple legal term that everyone has heard in the movies or on television since the advent of courtroom drama. Picture a scene in which the hero lawyer begins to argue with the judge in front of the jury. The judge warns the lawyer and then finds him in contempt of court and orders him to pay $25. Continuing with his argument the judge fines him $50. Eventually the lawyer is ordered to jail and the bailiff whisk’s the lawyer off to a clean, sterile jail cell with no other inmates around.

While this could happen, lawyers with huge educational debts, a big expensive house and nice car to pay for will not risk having to sit in jail for a period of time. Nor does the lawyer want a complaint filed against him with the Supreme Court and chance losing his license to practice law.

I once saw a lawyer found to be in contempt for a stunt he pulled in court. Both the judge and the lawyer have gone to that great courtroom in the sky so this is a story from the 1980’s. Another officer from my department stopped a vehicle and made an arrest for OVI. When making the arrest, the suspect resisted and the fight was on. I arrived moments later and we were able to take the suspect to ground and apply the bracelets.

The arrest became routine after the suspect calmed down and all went cautiously normal. In court the suspect’s attorney sat at the defense table with his supposed client and the prosecution called the arresting officer as the first witness. The arresting officer began to testify and one of the first points of law to be proven is that the defendant be identified by the witness/arresting officer.

The prosecutor asked the officer if the defendant was in the courtroom. Since the defendant always sits at the defense table, the officer said, “I’m not sure. That guy next to Mr. (attorney) sure looks like him, but his hair was brown, not blond and he did not have a beard.” The prosecutor asked again, if the officer saw the defendant in the courtroom. The officer again equivocated and said he was not sure.

With this case being tried by the judge, there was no jury in the room. The judge flat out asked the defense attorney if the man seated at the defense table was the accused. The attorney sputtered and spat a few words when the defendant walked into the room, changed places with the man at the table and the other man left.

The defense attorney then stated, “Yes your honor, the defendant is now in the courtroom.” The attorney wanted to show how the police routinely lie and would identify anyone even though it was an obvious lie. The judge called a recess and ordered the defense attorney, prosecutor and court recorder into chambers.

Upon returning to court, the defendant plead guilty as charged. The prosecutor explained to us that both the client and his attorney were found in contempt of court and given 30 days in jail. The attorney was also given a monetary fine but I do not recall what that fine was. Both the attorney and suspect apologized to the judge in which he agreed to drop the jail time.

Following is the Ohio Revised Code Section 2705.01 pertaining to contempt of court. In this contempt charge, the defendant and his attorney both obstructed the administration of justice in their attempt at subterfuge.

2705.01 Summary punishment for contempt.

A court, or judge at chambers, may summarily punish a person guilty of misbehavior in the presence of or so near the court or judge as to obstruct the administration of justice. Effective Date: 10-01-1953

At first I was worried that the arresting officer was unable to identify the defendant, but his instincts were that something was amiss. And the officer did not lie and identify the defendant when in fact it was not.

When a judge orders a person to perform a certain act and the person refuses, then the person can be incarcerated until willing to comply with the court order or the situation becomes moot. The court order can be an order to pay child support, pay fines, make restitution, perform community service or sign a document required by law such as a marriage license. Any number of reasons can result in a contempt charge.

2705.02 Acts in contempt of court.

A person guilty of any of the following acts may be punished as for a contempt:

(A) Disobedience of, or resistance to, a lawful writ, process, order, rule, judgment, or command of a court or officer;

(B) Misbehavior of an officer of the court in the performance of official duties, or in official transactions;

(C) A failure to obey a subpoena duly served, or a refusal to be sworn or to answer as a witness, when lawfully required;

(D) The rescue, or attempted rescue, of a person or of property in the custody of an officer by virtue of an order or process of court held by the officer;

(E) A failure upon the part of a person recognized to appear as a witness in a court to appear in compliance with the terms of the person’s recognizance;

(G) A failure to obey a subpoena issued by the department of job and family services or a child support enforcement agency pursuant to section 5101.37 of the Revised Code;

(H) A willful failure to submit to genetic testing, or a willful failure to submit a child to genetic testing, as required by an order for genetic testing issued under section 3111.41 of the Revised Code. Effective Date: 03-22-2001

2705.05 Hearings for contempt proceedings.

(A) In all contempt proceedings, the court shall conduct a hearing. At the hearing, the court shall investigate the charge and hear any answer or testimony that the accused makes or offers and shall determine whether the accused is guilty of the contempt charge. If the accused is found guilty, the court may impose any of the following penalties:

(1) For a first offense, a fine of not more than two hundred fifty dollars, a definite term of imprisonment of not more than thirty days in jail, or both;

(2) For a second offense, a fine of not more than five hundred dollars, a definite term of imprisonment of not more than sixty days in jail, or both;

(3) For a third or subsequent offense, a fine of not more than one thousand dollars, a definite term of imprisonment of not more than ninety days in jail, or both.

2705.06 Imprisonment until order obeyed.

When the contempt consists of the omission to do an act which the accused yet can perform, he may be imprisoned until he performs it.

2705.08 Release of prisoner committed for contempt.

When a person is committed to jail for contempt, the court or judge who made the order may discharge him from imprisonment when it appears that the public interest will not suffer thereby.

Effective Date: 10-01-1953

First Group 2x2
First Group 2x2
Local News

Stories on people, places, events and businesses right here in Western Clark County.

Local Government

Meetings and news from local Boards of Education, Township Trustees and County Commissioners.

Sports

Arrows, Bees & Warriors; we cover all local high school sports, as well as local semi-pro and adult leagues