347 Ga. App. 189
Ga. Ct. App.2018Background
- Lauraill Williams, an attorney for DFCS, was held in criminal contempt after her cell phone rang during a Clayton County juvenile court dependency hearing.
- The phone rang while the judge was asking a child if she had anything to say; Williams acknowledged and apologized on the record, and the judge admonished her and said she would take the phone.
- The court reporter stopped recording after the judge announced the dependency ruling; the judge then addressed Williams off the record and summarily found her in criminal contempt, issuing a written order the same day.
- The written contempt order recited that the phone rang while the court was receiving evidence/testimony, noted posted warnings on courtroom doors, alleged prior instances, described a pattern of disrespect, and imposed 24 hours in jail or a $300 fine.
- On appeal Williams argued (1) due process violation because she was not allowed to speak in her own defense, (2) the contempt order failed to state sufficient supporting facts, and (3) equal protection violation because other attorneys whose phones rang were not held in contempt.
- The Court of Appeals struck the judge's appellee brief and an affidavit attached to Williams' brief (not part of the record), reviewed the record for sufficiency and due process, and reversed the contempt judgment for failure to show Williams was afforded an opportunity to be heard.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Williams was denied due process (opportunity to be heard) before summary contempt punishment | Williams: she was not given reasonable notice or a meaningful opportunity to speak before being summarily punished | Court/judge (implicit): judge summarily punished conduct in presence; record reflects admonition and written order | Reversed: record does not show Williams was afforded the minimum due process (opportunity to be heard); contempt reversed |
| Whether the contempt order adequately set forth facts supporting contempt | Williams: order deficient—fails to show facts proving essential elements beyond reasonable doubt | Judge: written order described disruption, posted notices, and alleged prior incidents | Court found lack of transcript and absence of on-record opportunity to be heard fatal to upholding contempt; reversed on due process grounds (order alone insufficient) |
| Equal protection claim (others not punished similarly) | Williams: unequal treatment because other attorneys whose phones rang were not held in contempt | Judge: not argued in detail in opinion; discretionary enforcement | Court did not reach merits; reversal based on due process deficiency |
| Whether the judge may appear as an appellee and whether attachments to appellant brief may be considered | Williams attached affidavit; judge filed appellee brief | Court: appellee appearance by judge not authorized; attachments to briefs outside record not considered | Court struck the judge’s brief and Williams’ affidavit; did not consider affidavit on appeal |
Key Cases Cited
- In re Jefferson, 283 Ga. 216 (court has inherent contempt power)
- Dowdy v. Palmour, 251 Ga. 135 (due process requires notice and opportunity to be heard before summary contempt)
- Taylor v. Hayes, 418 U.S. 488 (due process protections for summary contempt; caution against abuse of contempt power)
- In re Herring, 268 Ga. App. 390 (judge is not a party on appeal in contempt proceedings; procedure for contempt appeals)
- In re Siemon, 264 Ga. 641 (reversal where due process requirements for contempt not shown)