Brown v. Regan
This text of 851 A.2d 1249 (Brown v. Regan) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Opinion
In this writ of error, the plaintiff in error, Donald P. Brown, claims that the trial court improperly held him in criminal contempt during a sentencing hearing. After a thorough examination of the record and a review of the applicable law, this court dismisses the writ of error.
On March 12, 2003, the plaintiff in error appeared with counsel before the court for the imposition of sentence on the basis of a prior plea of nolo contendere to attempt to commit assault in the first degree in violation of General Statutes §§ 53a-49 and 53a-59 (a) (2). The plaintiff in error also was present to accept or to reject an offer for a sentence on a charge of failure to appear. He rejected the offer on the charge of failure to appear. As the court began the sentencing hearing, [102]*102the plaintiff in error interrupted and argued with the court about denying his motion to withdraw his plea on the assault charge.1 Despite the court’s efforts to calm him and advise him of the inadvisability of his speaking at that stage, the plaintiff in error continued with agitated outbursts of profanity and offensive speech.2 During that exchange, the plaintiff in error [103]*103attempted to leave the courtroom. The court finally held him in contempt and sentenced him to six months imprisonment to serve consecutively to his sentence for attempt to commit assault in the first degree. The plaintiff in error left the courtroom prior to the sentencing on the assault charge. On March 25, 2003, the plaintiff in error filed this writ of error, pursuant to Practice Book § 72-1,3 naming supervisory assistant state’s attorney Michael L. Regan as the defendant in error.
The standard of review of a court’s finding of criminal contempt is well established. Our review is not plenary, but is limited to a determination of the jurisdiction of the trial court. Banks v. Thomas, 241 Conn. 569, 589, 698 A.2d 268 (1997). We must determine “(1) whether the designated conduct is legally susceptible of constituting a contempt ... (2) whether the punishment imposed was authorized by law . . . and (3) whether the judicial authority was qualified to conduct the hearing.” (Citations omitted; internal quotation marks omitted.) Id. It is only the first question that the plaintiff in error contests in this appeal. As to that question, we note that the court “exercises considerable discretion in dealing with contemptuous conduct occurring in its presence, and its summary adjudication is accorded a presumption of finality.” (Internal quotation marks omitted.) Id. In other words, the court “must be its own judge of contempts committed within its presence.” (Internal quotation marks omitted.) Id.
[104]*104The plaintiff in error argues that his conduct was not contemptuous as a matter of law. Our rules of practice provide in relevant part that “[misbehavior or misconduct in the court’s presence causing an obstruction to the orderly administration of justice shall be summary criminal contempt, and may be summarily adjudicated and punished by fine or imprisonment, or both. ...” Practice Book § 1-16. In this case, the conduct of the plaintiff in error before the court caused an obstruction to the orderly administration of justice. In an open courtroom, his outbursts of profanity, his attempts to leave the courtroom in contravention of the court’s orders and his continued interruptions of the court were sufficient to constitute conduct against the dignity and authority of the court.
The plaintiff in error suggests that he was exercising his right of allocution in a sentencing hearing. See Practice Book § 43-10. As noted by the court, the hearing on the sentence on the charge of attempt to commit assault had not begun when the court made its finding of contempt. The plaintiff in error also argues that the disruption was minor and brief, and that his remarks were not addressed to the court itself. A personal attack on the judge is not required for a finding of contempt. We are unpersuaded by those arguments.
In In re Dodson, 214 Conn. 344, 350, 572 A.2d 328, cert. denied sub nom. Dodson v. Superior Court, 498 U.S. 896, 111 S. Ct. 247, 112 L. Ed. 2d 205 (1990), our Supreme Court carefully explained the concepts of authority and dignity that “should attend the proper, independent and fair discharge by the court of its duties under the rule of law.” Those concepts, the corurt explained, are “hardly to be implemented platitudinally here, but in the warp and the woof of due process of law.” Id. In other words, the corut cannot be overly sensitive to personal offenses, but must address instances of the obstruction of justice. Here, the court [105]*105confronted conduct that caused a disruption to the orderly administration of justice. We conclude that the court reasonably could have found that the conduct of the plaintiff in error was wilfully contemptuous beyond a reasonable doubt.
The writ of error is dismissed.
In this opinion the other judges concurred.
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Cite This Page — Counsel Stack
851 A.2d 1249, 84 Conn. App. 100, 2004 Conn. App. LEXIS 317, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-regan-connappct-2004.