Crumpled court order gets contempt

Crumpled Court Order Gets Contempt

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By Deborah Elkins

Published: August 2, 2012

Tags: Criminal, Judge D. Arthur Kelsey, Virginia Court of Appeals

A mother who balled up a child support summons and custody order in front of a juvenile and domestic relations district court judge is not entitled to reversal of her contempt conviction for insufficient evidence and lack of confrontation, the Court of Appeals says; Va. Code § 18.2-456 allows summary punishment for direct contempt historically recognized to include openly insulting or resisting a court’s authority.

Mother appeared pro se at a child custody hearing in a juvenile and domestic relations district (JDR) court. No court reporter was present. After the judge announced father would have sole custody, the clerk handed mother a child support summons which she balled up. The judge ordered a recess. When court resumed, mother balled up the custody order handed to her. The judge found her in summary contempt and prepared a certificate under § 18.2-459. The circuit court affirmed, rejecting mother’s argument that reliance on the JDR court certificate denied her due process right to cross examine the JDR court judge. Mother denied balling up the second set of papers; she admitted a prior perjury conviction.

On appeal, mother challenges the sufficiency of evidence and admissibility of the JDR court certificate. We affirm. Mother’s misbehavior in the judge’s presence falls squarely within the common law concept of direct contempt recognized since Blackstone and continued in § 18.2-456(1). No trial is required for misbehavior in the judge’s presence, nor any further showing of obstruction or interruption of justice. Gilman v. Commonwealth, 275 Va. 222 (2008), holds that the Sixth Amendment right of confrontation does not bar circuit court review of a JDR court certification. Nor does due process provide a confrontation right in summary contempt when there is no right to a trial.

Judgment affirmed.

Parham v. Commonwealth (Kelsey) No. 1528-11-2, July 31, 2012; Richmond City Cir. Ct. (Stout) Catherine French, Senior Appellate Coordinator for appellant; Katherine Quinlan Adelfio, AAG. VLW 012-7-225, 9 pp.

Interesting article.

Tucker Griffin Barnes
Charlottesville, VA (434-973-7474)
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