 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Cleveland v. Ramsey12/27/1988
Per Curiam.
Defendant, Beverly Ramsey, appeals a judgment of direcscontempt rendered against her in her capacity as keeper of the Mount Sinai Medical Hospital records in Cleveland Municipal Court case No. 88-TRD-5840AB. The trial court found defendant guilty of direct contempt and sentenced her to three days in the workhouse and to pay a fine of $500 and court costs. The jail term was suspended. Defendant filed a timely notice of appeal.
Defendant assigns three errors on appeal:
"I. The trial court wrongfully and summarily punished Beverly Ramsey based upon a finding of direct contempt.
"II. The trial court failed to make a finding as to whether Ms. Ramsey's disobedience of the subpoena duces tecum was an intentional act.
"III. The trial court's imposition of a five hundred dollar ($500.00) fine against Ms. Ramsey exceeds the permissible penalty for a first offense of contempt as set forth in R.C. 2705.02."
Defendant first argues the court erred in finding her guilty of contempt. Defendant's argument is persuasive.
"Direct contempt is `misbehavior in the presence of or so near the court or judge as to obstruct the administration of justice.' R.C. 2705.01. Direct contempt may be punished summarily by the trial court.
"Indirect contempt, on the other hand, is conduct which takes place outside the presence of the court. The court is not usually aware of the indirect contemptuous act when it occurs. When the court is informed that an act of indirect contempt has taken place, the accused contemnor will be given notice and a hearing held on the charge. R.C. 2705.03. Acts constituting indirect contempt may include the following:
"`(A) Disobedience of, or resistance to, a lawful writ, process, order, rule, judgment or command of a court or an officer [emphasis sic];
"`(B) Misbehavior of an officer of the court in the performance of his official duties, or in his official transactions;
"`(C) A failure to obey a subpoena duly served, or a refusal to be sworn or to answer as a witness, when lawfully required [emphasis added];
"`(D) The rescue, or attempted rescue, of a person or of property in the custody of an officer by virtue of an order or process of court held by him;
"`(E) A failure upon the part of a person recognized to appear as a witness in a court to appear in compliance with the terms of his recognizance.' * * * R.C. 2705.02.11 (Footnotes omitted.) In re Carroll (1985), 28 Ohio App.3d 6, 8-9, 28 OBR 15, 17, 501 N.E.2d 1204, 1207-1208.
"Where judges have no personal knowledge of the alleged act of contempt because of its commission beyond the court's actual physical presence, the procedure outlined in R.C. 2705.03, requiring a written charge, an adversary hearing upon the issues, and an opportunity for the accused to be represented by counsel, should be strictly adhered to. State v. Local Union 5760, United Steelworkers (1961), 172 Ohio St. 75, 82 [15 O.O. 2d 133] * * *." State, ex rel. Seventh Urban, Inc., v. McFaul (1983), 5 Ohio St.3d 120, 122, 5 OBR 255, 257, 449 N.E.2d 445, 447-448.
In the case sub judice, defendant was at Mount Sinai Medical Center well beyond the court's physical presence when defendant allegedly failed to timely honor the subpoena. Failure to obey a subpoena is indirect contempt. See R.C. 2705.02. In addition, failure to appear at or arriving late to a hearing or pretrial is indirect contempt. See East Cleveland v. Reed (1977), 54 Ohio App.2d 147, 8 O.O. 3d 277, 376 N.E.2d 973. See, also, Wei-
land v. Indus.
Page 1 2 3 Ohio DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|