Ex Parte Griffin

Texas Supreme Court

Ex Parte Griffin

682 S.W.2d 261, 28 Tex. Sup. Ct. J. 178, 1984 Tex. LEXIS 297

CourtTexas Supreme Court

DecidedDecember 19, 1984

DocketC-3358

StatusPublished

Cited by33 cases

This text of 682 S.W.2d 261 (Ex Parte Griffin) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ex Parte Griffin, 682 S.W.2d 261, 28 Tex. Sup. Ct. J. 178, 1984 Tex. LEXIS 297 (Tex. 1984).

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Opinions

CAMPBELL, Justice.

This is a habeas corpus proceeding. The trial court found Relator, Don Griffin, in contempt of court for violating a temporary injunction. He was ordered to jail for 30 days and fined $104,000, $500 for each of 208 separate violations of the temporary injunction.

We hold the large penalties ordered in this case make it a serious offense, entitling Griffin to a jury trial. Griffin was not afforded a right to jury trial and did not waive that right. Therefore, he is discharged from custody.

The temporary injunction prohibited Griffin from:

(1) selling, offering for sale, participating in or advising about a sale, or soliciting the sale of chemical specialties, germicides, cleaning chemicals, degreasers, insecticides, maintenance chemicals, spe[262]*262cialty coatings, chemicals for turf maintenance, water treatment, air and water pollution, and related products similar to NCH Corporation’s products to any account identified on the attached sealed exhibit “A” within the counties San Pa-tricio, Nueces, Jim Wells, Brooks, and Duval; and (2) from diverting, taking away or attempting to take away the accounts identified in the sealed attached exhibit “A” within the counties of San Patricio, Nueces, Jim Wells, Brooks, or Duval.

The temporary injunction provided that it would be in effect for 24 months following July 29,1981, or until the signing of a final judgment after a trial upon the merits. Attached to the temporary injunction judgment was Exhibit A, a seven-page listing of NCH customers and their mailing addresses. Griffin appealed from the temporary injunction, and the Court of Appeals affirmed the judgment of the trial court in an unpublished opinion.

In its motion for contempt, NCH Corporation complained that Griffin violated the temporary injunction “on multiple occasions” by selling chemical products to 25 named customers listed in the attachment to the temporary injunction during its term. It sought punishment “by a fine of $500 for each violation” and by confinement in jail for a period not to exceed six months.

Griffin asserts he should be released because: (1) he was denied a trial by jury; (2) the temporary injunction is void under Rule 683;¹ and (3) he did not have sufficient notice of the charges against him. We agree with the first contention and grant the writ of habeas corpus. Therefore, we do not address the other two issues.

The Sixth Amendment to the United States Constitution guarantees the right to jury trials for serious offenses, but not petty offenses. Muniz v. Hoffman, 422 U.S. 454, 95 S.Ct. 2178, 45 L.Ed.2d 319 (1975). We concluded in Ex Parte Werblud, 536 S.W.2d 542 (Tex.1976), that two separate $500 fines in a case of constructive criminal contempt did not take the case out of the category of petty offenses.

The United States Supreme Court in Muniz v. Hoffman, supra 422 U.S. at 476, 95 S.Ct. at 2190, declined to hold that a jury is required where any fine greater than $500 is contemplated. Instead, the Supreme Court held it would look at the individual defendant, the seriousness of the risk and the extent of possible deprivation. Other courts have held a right to jury trial exists where potential fines exceed $500. U.S. v. Hamdan, 552 F.2d 276 (9th Cir. 1977) [$1,000 fine]; Black Police Officers Assoc. v. Richmond, 548 F.2d 123 (4th Cir. 1977) [$1,000 fine]; Douglass v. First Nat. Realty Corp., 543 F.2d 894 (D.C.Cir.1976) [$5,000 fine].

We hold that a contempt action in which contemnor is fined $104,000 and ordered to jail for 30 days is a serious offense. Therefore, Griffin was entitled to a jury trial.

NCH Corporation contends we must presume Griffin waived his right to a jury' trial because the record does not establish that he demanded a jury. However, in a contempt hearing for a serious offense, waiver of the right to jury trial cannot be presumed from a silent record. See Samudio v. State, 648 S.W.2d 312 (Tex.Crim.App.), cert denied, — U.S. -, 103 S.Ct. 3113, 77 L.Ed.2d 1368 (1983).

The relator is discharged from custody.

ROBERTSON, J., concurs. GONZALEZ, J., dissents, joined by SPEARS, J.

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CAMPBELL, Justice.

This is a habeas corpus proceeding. The trial court found Relator, Don Griffin, in contempt of court for violating a temporary injunction. He was ordered to jail for 30 days and fined $104,000, $500 for each of 208 separate violations of the temporary injunction.

We hold the large penalties ordered in this case make it a serious offense, entitling Griffin to a jury trial. Griffin was not afforded a right to jury trial and did not waive that right. Therefore, he is discharged from custody.

The temporary injunction prohibited Griffin from:

(1) selling, offering for sale, participating in or advising about a sale, or soliciting the sale of chemical specialties, germicides, cleaning chemicals, degreasers, insecticides, maintenance chemicals, spe[262]*262cialty coatings, chemicals for turf maintenance, water treatment, air and water pollution, and related products similar to NCH Corporation’s products to any account identified on the attached sealed exhibit “A” within the counties San Pa-tricio, Nueces, Jim Wells, Brooks, and Duval; and (2) from diverting, taking away or attempting to take away the accounts identified in the sealed attached exhibit “A” within the counties of San Patricio, Nueces, Jim Wells, Brooks, or Duval.

The temporary injunction provided that it would be in effect for 24 months following July 29,1981, or until the signing of a final judgment after a trial upon the merits. Attached to the temporary injunction judgment was Exhibit A, a seven-page listing of NCH customers and their mailing addresses. Griffin appealed from the temporary injunction, and the Court of Appeals affirmed the judgment of the trial court in an unpublished opinion.

In its motion for contempt, NCH Corporation complained that Griffin violated the temporary injunction “on multiple occasions” by selling chemical products to 25 named customers listed in the attachment to the temporary injunction during its term. It sought punishment “by a fine of $500 for each violation” and by confinement in jail for a period not to exceed six months.

Griffin asserts he should be released because: (1) he was denied a trial by jury; (2) the temporary injunction is void under Rule 683;¹ and (3) he did not have sufficient notice of the charges against him. We agree with the first contention and grant the writ of habeas corpus. Therefore, we do not address the other two issues.

The Sixth Amendment to the United States Constitution guarantees the right to jury trials for serious offenses, but not petty offenses. Muniz v. Hoffman, 422 U.S. 454, 95 S.Ct. 2178, 45 L.Ed.2d 319 (1975). We concluded in Ex Parte Werblud, 536 S.W.2d 542 (Tex.1976), that two separate $500 fines in a case of constructive criminal contempt did not take the case out of the category of petty offenses.

The United States Supreme Court in Muniz v. Hoffman, supra 422 U.S. at 476, 95 S.Ct. at 2190, declined to hold that a jury is required where any fine greater than $500 is contemplated. Instead, the Supreme Court held it would look at the individual defendant, the seriousness of the risk and the extent of possible deprivation. Other courts have held a right to jury trial exists where potential fines exceed $500. U.S. v. Hamdan, 552 F.2d 276 (9th Cir. 1977) [$1,000 fine]; Black Police Officers Assoc. v. Richmond, 548 F.2d 123 (4th Cir. 1977) [$1,000 fine]; Douglass v. First Nat. Realty Corp., 543 F.2d 894 (D.C.Cir.1976) [$5,000 fine].

We hold that a contempt action in which contemnor is fined $104,000 and ordered to jail for 30 days is a serious offense. Therefore, Griffin was entitled to a jury trial.

NCH Corporation contends we must presume Griffin waived his right to a jury' trial because the record does not establish that he demanded a jury. However, in a contempt hearing for a serious offense, waiver of the right to jury trial cannot be presumed from a silent record. See Samudio v. State, 648 S.W.2d 312 (Tex.Crim.App.), cert denied, — U.S. -, 103 S.Ct. 3113, 77 L.Ed.2d 1368 (1983).

The relator is discharged from custody.

ROBERTSON, J., concurs. GONZALEZ, J., dissents, joined by SPEARS, J.

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682 S.W.2d 261, 28 Tex. Sup. Ct. J. 178, 1984 Tex. LEXIS 297, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-griffin-tex-1984.

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