Misconduct in open court that threatens a Georgia judge’s ability to run the hearing can be punished on the spot; contempt outside court, like violating a divorce decree, ordinarily requires notice and a hearing first.
Where the Line Is
OCGA 15-1-4(a)(1) reaches misbehavior “in the presence of such courts or so near thereto as to obstruct the administration of justice.” In Ramirez v. State, 279 Ga. 13 (2005), the Georgia Supreme Court held that due process typically limits summary punishment to acts “committed in open court” that threaten the court’s immediate ability to conduct its proceedings. Even then, the judge must first let the person speak. Contempt outside court is generally indirect, and for indirect criminal contempt the accused is entitled to notice of the charges, a reasonable opportunity to respond, a lawyer’s help, and witnesses.
Examples
In In re Harris, 289 Ga. App. 334 (2008), a judge hearing a father’s contempt motion learned from a 14-year-old, in chambers, that the mother’s friend had told her the hearing was “a trick.” The judge held the friend in direct contempt and ordered her jailed for 48 hours on the spot. The Court of Appeals reversed: nothing showed when or where the remarks were made, so they were not shown to be in the court’s presence, and the friend was not bound by the parents’ agreement and had no notice or chance to defend herself.
In Dogan v. Georgia Department of Human Resources, 278 Ga. App. 905 (2006), a father in a child support case gave the state agency’s attorney pay stubs faked to show about half his real earnings. Because that happened outside court, it was indirect contempt. The judge offered five days’ notice, the father waived it, and the Court of Appeals affirmed his 20-day criminal contempt sentence.
Our post on notice before a contempt hearing covers what notice must say.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!