Benca v. Benton Cnty. Cir. Ct.
2013 Ark. 448
| Ark. | 2013Background
- Appellant Patrick J. Benca, an attorney, represented Brandon Lacy in Rule 37 proceedings in Benton County Circuit Court.
- At a May 22, 2013 hearing, the court denied Benca’s motion/new-trial brief challenging alleged abuse of prosecutorial subpoena power, finding the allegations not tied to Lacy’s case.
- During the proceeding the judge repeatedly warned Benca not to interrupt; the judge found Benca interrupted the court multiple times.
- The circuit court held Benca in criminal contempt for interrupting after multiple warnings and fined him $100 payable to the circuit clerk.
- Benca appealed solely on the ground that there was not substantial evidence to support the contempt finding; the Arkansas Supreme Court ordered the hearing DVD included in the record and considered transcript and audio.
- The Supreme Court reviewed the record in the light most favorable to the trial court and affirmed the contempt finding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether substantial evidence supported criminal contempt finding for interruptions during hearing | The State: trial court’s contempt finding is supported by the record of repeated interruptions and warnings | Benca: his remarks were part of normal colloquy and did not constitute interruptions warranting contempt | Affirmed — record (transcript and audio) shows repeated warnings and continued interruptions; substantial evidence supports contempt |
Key Cases Cited
- Stilley v. Univ. of Ark. at Fort Smith, 374 Ark. 248, 287 S.W.3d 544 (2008) (criminal contempt preserves court’s power and vindicates its dignity)
- McCullough v. State, 353 Ark. 362, 108 S.W.3d 582 (2003) (appellate review of contempt for sufficiency: view record in light most favorable to trial judge; sustain if supported by substantial evidence)