In re Contempt of Leary, 2011 Ohio 6626

Leary, an Ohio attorney, represented Awadallah in a Parma Municipal Court case for driving under suspension.
A December 13, 2010 trial was scheduled; Leary claimed he had another trial on the same date in Cuyahoga County and could appear later.
Leary failed to appear at the Parma trial at 10:30 a.m.; police officer and city prosecutor attended, with a bailiff handling the matter.
Around noon, the judge contacted Leary by phone and indicated the possibility of contempt; Leary attempted to resolve the matter but could not speak with the judge or bailiff at that time.
A show-cause order followed; at a January 12, 2011 hearing Leary represented himself, explained attempts to obtain coverage, and argued he tried to contact the bailiff.
The trial court found Leary guilty of indirect contempt, imposing a $250 fine, $100 suspended, and restitution of $142.19; Leary paid all amounts.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Leary received adequate notice of contempt charge	Leary	Leary	Overruled
Whether the contempt finding was proper and proved beyond reasonable doubt	Leary	Leary	Abused discretion; reversed; not proven beyond a reasonable doubt
Whether the contempt charge was properly written and whether due process was preserved	Leary	City	Moot due to disposition on assignment 2; not reached

State v. Golston, 71 Ohio St.3d 224 (Ohio 1994) (mootness; collateral disability required for appeal to survive contempt judgment)
State v. Wilson, 41 Ohio St.2d 236 (Ohio 1975) (burden on collateral disability; mootness exception)
In re Carroll, 28 Ohio App.3d 6 (Ohio App.3d 1985) (criminal contempt requires proof of intent)
Chavez-Juarez, 185 Ohio App.3d 189 (Ohio 2009) (intent required for criminal contempt; late appearance involves intent)
In re Contempt of Mgbaraho, 2002-Ohio-3429 (Ohio 2002) (telephone notice as evidence of intent to comply)
Ramsey, 56 Ohio App.3d 108 (Ohio 1988) (untimely appearance alone does not prove intent)