Christopher Scott ROUTH v. STATE of Missisippi
227 So. 3d 959
| Miss. | 2017Background
- Attorney Christopher Routh (Hinds County Public Defender) represented Loren Shell-Blackwell at arraignment on a capital-murder indictment; Blackwell had been out on bond under house arrest with an infant.
- Routh argued for continued bond, citing constitutional bail protections and an asserted medical need for the infant to be breast-fed; the State opposed bond based on DNA evidence, statements, and flight risk.
- Routh proffered a hospital discharge form; the judge reviewed it, found it did not establish a medical need for breast milk only, and announced denial of bond while inviting a written motion for reconsideration.
- After the judge ended the hearing and directed counsel to file motions, Routh stood up and continued to argue orally, insisting the judge had not placed reasons for denying bail on the record.
- The judge repeatedly ordered Routh to sit down, found him in direct criminal contempt for disrupting the court, and sentenced him to custody until 5:00 p.m.; Routh appealed and sought emergency relief, and this Court granted temporary release on supersedeas bond.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Routh’s post-ruling oral interruption and continued argument, after being ordered to sit, constituted direct criminal contempt | Routh: He was protecting his client’s constitutional right requiring a judge to state reasons on the record when denying bail; thus his interjection could not warrant contempt | State/Judge: Hearing had concluded and the judge had stated reasons on the record; further argument was to be by written motion and Routh’s conduct disrupted the court | Court: Affirmed contempt—Routh disrupted court after being ordered to stop despite judge having stated reasons for denial; contempt proved beyond a reasonable doubt |
Key Cases Cited
- Purvis v. Purvis, 657 So. 2d 794 (Miss. 1994) (defines criminal contempt as conduct tending to bring court into disrepute)
- Lawson v. State, 573 So. 2d 684 (Miss. 1990) (criminal contempt involves acts showing disrespect to the court)
- Mingo v. State, 944 So. 2d 18 (Miss. 2006) (criminal-contempt appeals reviewed ab initio; guilt must be shown beyond a reasonable doubt)
- In re Hoppock, 849 So. 2d 1275 (Miss. 2003) (contempt power needed to maintain courtroom order)
- In re Williamson, 838 So. 2d 226 (Miss. 2002) (direct criminal contempt involves words or actions in court that embarrass or prevent orderly administration of justice)