D.M. v. State

927 P.2d 50, 1996 WL 637786
CourtCourt of Criminal Appeals of Oklahoma
DecidedOctober 31, 1996
DocketNo. M-95-934
StatusPublished
Cited by2 cases

This text of 927 P.2d 50 (D.M. v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
D.M. v. State, 927 P.2d 50, 1996 WL 637786 (Okla. Ct. App. 1996).

Opinions

OPINION

STRUBHAR, Judge:

Appellant, D.M., a 16 year old juvenile, was held in direct contempt of the Osage County District Court. He appeals from a Judgment and Sentence which, as punishment for his contemptuous conduct, ordered him placed in the custody of the Sheriff of Osage County in the Osage County Jail.

The conduct which precipitated Appellant’s contempt conviction occurred on August 10, 1994, during arraignment of Appellant upon a juvenile petition. Appellant was being questioned by Special Judge B. David Gam-bill as to whether the juvenile petition correctly listed Appellant’s name, date of birth, and address. During the questioning, Appellant’s answers were unclear, so Judge Gam-bill asked Appellant to respond by the use of “yes, sir or no, sir.” Appellant responded that he only had trouble talking in court. Judge Gambill then asked Appellant’s mother, who was present in the courtroom, if Appellant had mental problems. At this point Appellant wadded up his copy of the juvenile petition, said “fuck you all,” threw the petition at a case worker, and left the courtroom slamming the door. Judge Gam-bill immediately dispatched a deputy to retrieve Appellant and adjourned the hearing.

Although no court reporter was present during this arraignment, the parties essentially agree that the above is in fact what transpired. A short time later and in the presence of a court reporter, the court reconvened and Judge Gambill recounted for the record what had just transpired. He then asked Appellant, “Do you have anything else to say before I fix your punishment for direct contempt of court?” Appellant responded, “Do what you want.” Judge Gambill then found Appellant guilty of direct contempt of court and sentenced him to ten days to serve in the Osage County Jail.

Not yet appointed for Appellant, but present in the courtroom during the initial arraignment when Appellant’s outburst occurred and also in the courtroom during the reconvened hearing and sentencing, was Appellant’s current counsel, Patti Palmer. After pronouncing Judgment and Sentence, Judge Gambill advised Appellant of his right to appeal and appointed Ms. Palmer to represent him on the contempt and any appeal therefrom.1

[52]*52Two days later, on August 12, 1994 — Appellant’s seventeenth birthday — Appellant’s counsel’s firm tiled a Motion to Refer to Another Judge under the authority of Rule 20 of the Rules for the District Courts, 12 O.S.1991, Ch. 2, App. 1, and also filed a Petition for Writ of Habeas Corpus. Hearings on both of these pleadings were held that day.

Judge Gambill confessed the propriety of the Rule 20 transfer, so District Judge J.R. Pearman assumed authority over Appellant’s contempt matter and conducted a full hearing as to what transpired and led to Appellant being held in the custody of the Osage County Jail. The Assistant District Attorney was allowed to participate. Judge Gambill was called as a witness by Judge Pearman and Ms. Palmer was called by Appellant through co-counsel and each testified as to the course of events occurring two days earlier. All were permitted to question any witness. Appellant made a statement apologizing to the Court and to Judge Gambill.

At the conclusion of the August 12, 1994, hearing, Judge Pearman found that Appellant should rightly be held in direct contempt and sentenced Appellant to the time he had served to that point (approximately forty-eight hours) and ordered Appellant’s release from the Osage County jail. Judge Pearman set Appellant’s appeal bond at $2,000.00 and released Appellant on his own recognizance. It is from his conviction for direct contempt of court and his sentencing to the Osage County Jail that Appellant appeals.2

I.

Initially we note that Appellant does not in this appeal dispute that his behavior at his arraignment was indeed contemptuous. Nor was its contemptuous nature disputed below. Nevertheless, Appellant raises three propositions of error. In his second proposition, Appellant contends that he was not provided an opportunity to be heard as required by state law. We begin by recognizing that a direct contempt of court action is neither criminal nor civil but is instead sui generis and therefore procedurally different from other actions. Gilbert v. State, 648 P.2d 1226, 1230-31 (Okl.Cr.1982). Article II, Section 25, of the Oklahoma Constitution empowers the Legislature to “pass laws defining contempts and regulating the proceedings and punishments in matters of contempt.” However, the Legislature’s grant of authority in this regard is limited by that section’s last sentence: “In no case shall a penalty or punishment be imposed for contempt, until an opportunity to be heard is given.”

With these precepts in mind we turn to the facts in Appellant’s case to determine if the proceedings had in the Osage County District Court were sufficient to provide Appellant with the “opportunity to be heard” as required by Section 25. We find that the contempt hearing of August 10th by Judge Gambill was insufficient under these particular circumstances to comply with state law. Considerations in our decision in this regard include the fact that Appellant was a juvenile, was appearing for his first time in any [53]*53court, and was unrepresented by counsel both before and during Judge Gambill’s contempt hearing. In this particular situation, Judge Gambill’s sole question of “Do you have anything else to say before I fix your punishment for direct contempt of court?” addressed to the unrepresented juvenile before sentencing him for direct contempt of court was not a sufficient “opportunity” as contemplated by Section 25.

This does not, however, end our review of the validity of Appellant’s contempt conviction, for Appellant’s contempt hearing did not conclude on August 10. We find that any error occurring in regard to the August 10th hearing was subsequently corrected when Judge Pearman, at Appellant’s request, succeeded Judge Gambill in the direct contempt proceeding and afforded Appellant a full hearing upon all the issues surrounding Appellant’s contempt within approximately 48 hours of Appellant’s contemptuous act.

Trial judges must have the ability to maintain proper decorum within their courtrooms. See Suter v. State, 588 P.2d 578, 580 (Okl.Cr.1978). There can be no dispute that in order to preserve decorum that it was within Judge Gambill’s authority to have the sheriff take Appellant into custody and hold Appellant until such time that Appellant could be called before the court to explain his behavior. The Court has previously reviewed direct contempt situations where the trial court has had the Sheriff hold an offender in temporary custody in order to deal with contemptuous behavior at a later time. E.g. Ingram v. State, 650 P.2d 888 (Okl.Cr.1982); Gilbert v. State, 648 P.2d 1226 (Okl.Cr.1982). The court is not required to stop its proceedings to immediately hold the direct contempt hearing. How long a court may detain an individual prior to conducting the contempt hearing will depend upon the circumstances of each individual case. In Appellant’s matter, we find that detention for 48 hours prior to granting Appellant a reasonable opportunity to be heard was excessive and improper. However, we find that the length of detention prior to Appellant’s full hearing on August 12th does not bear on whether the August 12th hearing afforded an “opportunity to be heard” sufficient to comport with our state’s constitution.

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Bluebook (online)
927 P.2d 50, 1996 WL 637786, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dm-v-state-oklacrimapp-1996.