In re Patterson
331 Ga. App. 45
| Ga. Ct. App. | 2015Background
- Patterson appeals a contempt order and $100 fine for missing his client’s arraignment in a criminal case for driving with a suspended license.
- Arraignment was scheduled for March 13, 2014; Patterson did not appear, and the court rescheduled to April 4 and held a contempt hearing.
- The trial court found Patterson’s absence negligent, not willful, and fined him $100 while noting negligent conduct and failure to file a conflict letter.
- On appeal, Patterson contends the fine was unlawful because the court did not find wilful disobedience.
- The appellate standard requires that contempt be based on wilful disobedience; the court’s finding of negligence leads to error, and the judgment is reversed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is contempt lawful without wilfulness? | Patterson; contempt requires wilful disobedience. | Court; negligence may support contempt if disrespectful or disobedient. | Contempt requires wilful disobedience; error to hold contempt on negligence. |
Key Cases Cited
- In re Beckstrom, 295 Ga. App. 179 (2008) (contempt framework for attorney conduct)
- Griggers v. Bryant, 239 Ga. 244 (1977) (basis for wilful contempt standard)
- DeKalb County v. Adams, 262 Ga. App. 243 (2003) (requires wilful disobedience for contempt)