Aaron v. State

345 So. 2d 641
CourtSupreme Court of Florida
DecidedFebruary 25, 1977
Docket47075
StatusPublished
Cited by15 cases

This text of 345 So. 2d 641 (Aaron v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Aaron v. State, 345 So. 2d 641 (Fla. 1977).

Opinion

345 So.2d 641 (1977)

Fred AARON, Appellant,
v.
STATE of Florida, Appellee.

No. 47075.

Supreme Court of Florida.

February 25, 1977.
Rehearing Denied May 31, 1977.

Henry R. Barksdale of Barksdale, Murphy & Crongeyer, Pensacola, for appellant.

Robert L. Shevin, Atty. Gen., and Richard W. Prospect, Asst. Atty. Gen., for appellee.

OVERTON, Chief Justice.

This is a direct appeal from a retrial, upon remand, of a criminal contempt conviction. The proceeding commenced with a grand jury presentment that appellant had attempted to influence the action of its grand juror Jenny Rosenbaum, now Jenny Finman. This resulted in criminal contempt proceedings and a prior decision of this Court in Aaron v. State, 284 So.2d 673 (Fla. 1973) (hereinafter referred to as Aaron I). We there held a sentence of four months imprisonment could properly be imposed by the judge as trier of both law and fact, but reversed the trial court for its denials of appellant's motion to take the complaining grand juror's deposition and motion for a bill of particulars.

Retrial was held on June 17, 1974, before a judge who had not taken part in the previous proceedings. He made the following findings:

"THE COURT: Gentlemen, the Court very carefully listened to all of the testimony that has been presented here today and observed the candor and demeanor of each witness, including the Defendant, as he or she has taken the stand and has testified here. The Court finds beyond a reasonable doubt that the Defendant, Fred Aaron, is guilty as charged in the presentment of the Grand Jury to this Circuit Court as filed on the thirteenth day of August, 1970, as such presentment relates to the efforts of Fred Aaron to influence the vote of Jenny F. Rosenbaum, now Mrs. Jenny F. Finman, by attempting in a conference in her home, as alleged, to remind her of what should be her gratitude to Sheriff Bill Davis. By reminding her that the Grand Jury Room *642 was not beyond being bugproof; by reminding her that if anybody should be investigated, it should be one Mike Iaonne and not Sheriff Davis, and by reminding her that she was, in his judgment, a lady who had leadership and could lead other jurors in the course that it was desired that they should take in the matter under consideration with reference to Sheriff Davis, with the purpose and view on the part of Fred Aaron to pollute the streams of justice by hampering the investigation by the Grand Jury and by influencing the vote of said Grand Juror, and by attempting through her to have an influence upon such others on the Grand Jury as with whom she may have influence... ."

This appeal was transferred here by the District Court of Appeal, holding that the trial judge necessarily passed on the constitutionality of Section 38.22, Florida Statutes, which provides:

"Power to punish contempts. — Every court may punish contempts against it whether such contempts be direct, indirect, or constructive, and in any such proceeding the court shall proceed to hear and determine all questions of law and fact."

We relinquished jurisdiction to the circuit court to certify whether it passed on the constitutionality of the subject statute. The circuit court replied it had so ruled, and we therefore have jurisdiction.[1]

Appellant contends that the federal and state constitutions entitle him to a jury trial. He says our acknowledgement in Aaron I that "criminal contempt is a crime" brings trials of such contempts within Article I, Section 16, of the Florida Constitution, which provides:

"Rights of accused. — In all criminal prosecutions the accused shall ... have a speedy and public trial by impartial jury in the county where the crime was committed... ."

It is very similar to the jury trial requirement in the United States Constitution.[2]

For a long time, it was generally recognized that all courts had the inherent power to punish any contempt without the need for a jury trial. The United States Supreme Court recognized this common law power to punish for contempt without the necessity of a jury trial continuously since the early days of this country. See Green v. United States, 356 U.S. 165, 78 S.Ct. 632, 2 L.Ed.2d 672 (1958); Offutt v. United States, 348 U.S. 11, 14, 75 S.Ct. 11, 99 L.Ed. 11 (1954); Fisher v. Pace, 336 U.S. 155, 159-160, 69 S.Ct. 425, 93 L.Ed. 569 (1949); Ex parte Grossman, 267 U.S. 87, 117-118, 45 S.Ct. 332, 69 L.Ed. 527 (1925); Michaelson v. United States, etc., 266 U.S. 42, 67, 45 S.Ct. 18, 69 L.Ed. 162 (1924); Myers v. United States, 264 U.S. 95, 104-105, 44 S.Ct. 272, 68 L.Ed. 577 (1924); Ex parte Hudgings, 249 U.S. 378, 383, 39 S.Ct. 337, 63 L.Ed. 656 (1919); Gompers v. United States, 233 U.S. 604, 610, 34 S.Ct. 693, 58 L.Ed. 1115 (1914); Gompers v. Bucks Stove & Range Co., 221 U.S. 418, 450, 31 S.Ct. 492, 55 L.Ed. 797 (1911); Bessette v. W.B. Conkey Co., 194 U.S. 324, 337, 24 S.Ct. 665, 48 L.Ed. 997 (1904); Interstate Commerce Comm'n v. Brimson, 154 U.S. 447, 489, 14 S.Ct. 1125, 38 L.Ed. 1047 (1894); Eilenbecker v. Plymouth County, 134 U.S. 31, 36, 10 S.Ct. 424, 33 L.Ed. 801 (1890); Savin, Petitioner, 131 U.S. 267, 277, 9 S.Ct. 699, 33 L.Ed. 150 (1889); Ex parte Terry, 128 U.S. 289, 312-313, 9 S.Ct. 77, 32 L.Ed. 405 (1888). The statutory authority contained in Section 38.22, Florida Statutes, recognizes and is a restatement of this common law power and was first adopted by statute in this state in 1828. The purpose of the contempt power is to provide the trial court with the authority to enforce its orders expeditiously and efficiently, to maintain order and dignity in *643 court proceedings, and to punish acts which obstruct the administration of justice.

To adopt fully the position of appellant Aaron and require a jury trial for all criminal contempts would eliminate for practical purposes much of the contempt authority of a trial judge. It would bring the right of a jury trial into contempt proceedings in domestic relation matters, trial disruption incidents, violations of injunctive orders, and conduct which interferes with jurors and witnesses and the summary discipline of attorneys.

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