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334 Ga. App. 571
Ga. Ct. App.
2015
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Background

  • During a motions calendar on Feb. 26, 2015, attorney Lauren King Sprayberry's cell phone vibrated in court.
  • The trial judge ordered bailiffs to remove the phone and later announced a contempt finding and $25 fine for the disruption.
  • The judge referenced a $50 fine rule announced earlier that morning in drug court for phone disruptions.
  • Sprayberry attempted to explain her phone was only on vibrate and that she needed it to communicate with her office, but the judge repeatedly interrupted and curtailed her explanations.
  • The court entered an order finding criminal contempt and imposing the $25 fine; Sprayberry appealed.

Issues

Issue Sprayberry's Argument Trial Court/Prosecution Argument Held
Whether Sprayberry was afforded a meaningful opportunity to be heard before summary contempt punishment She was not given adequate opportunity to explain that the phone only vibrated and she lacked notice of the rule Contempt for in-court disruption may be summarily punished when observed by the judge Reversed — court failed to afford meaningful opportunity to be heard; summary contempt procedure requirements not met
Whether evidence supported contempt finding (phone vibration) The vibration and her explanation may show lack of contumacious conduct and lack of notice of rule The phone disrupted proceedings and the court had warned of fines earlier that morning Not reached (decision unnecessary after reversal on procedural ground)

Key Cases Cited

  • In re Jefferson, 283 Ga. 216 (recognizing inherent contempt power of courts)
  • Dowdy v. Palmour, 251 Ga. 135 (trial judge may summarily punish contempt observed in court after affording opportunity to speak)
  • In re Kendall, 220 Ga. App. 591 (summary punishment requires opportunity to speak)
  • In re Siemon, 264 Ga. 641 (courts should impose least possible contempt punishment and afford minimum due process)
  • Ramirez v. State, 279 Ga. 13 (misconduct in open court can justify summary vindication)
  • Coleman v. State, 269 Ga. App. 827 (reversing contempt where attorney denied a hearing to explain phone disruption)
  • In re Willis, 259 Ga. App. 5 (discussing summary contempt and need for hearing)
  • Garland v. State, 253 Ga. 789 (importance of contempt power to preserve courtroom order)
  • Bradley v. State, 111 Ga. 168 (historic recognition of inherent contempt power)
  • Murtagh v. Emory Univ., 321 Ga. App. 411 (distinguishing criminal contempt as unconditional punishment)
Read the full case

Case Details

Case Name: In Re SPRAYBERRY
Court Name: Court of Appeals of Georgia
Date Published: Nov 16, 2015
Citations: 334 Ga. App. 571; 779 S.E.2d 732; A15A1616
Docket Number: A15A1616
Court Abbreviation: Ga. Ct. App.
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