In Re Jefferson

645 S.E.2d 349, 284 Ga. App. 877
CourtCourt of Appeals of Georgia
DecidedMarch 30, 2007
DocketA06A2253
StatusPublished
Cited by4 cases

This text of 645 S.E.2d 349 (In Re Jefferson) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Jefferson, 645 S.E.2d 349, 284 Ga. App. 877 (Ga. Ct. App. 2007).

Opinions

ANDREWS, Presiding Judge.

Sherri Jefferson appeals from a juvenile court’s finding that she was in contempt of court in the course of an appearance at a delinquency hearing. We find no error and affirm.

On appeal of a criminal contempt conviction the appropriate standard of appellate review is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.

(Citation, punctuation and footnote omitted.) In re Waitz, 255 Ga. App. 841, 842 (567 SE2d 87) (2002).

So viewed, the record shows that at the time of the alleged contempt, Jefferson was an assistant public defender who was assigned to represent juvenile defendants in the Juvenile Court of Glynn County. The alleged improper statements made by Jefferson occurred during a delinquency hearing in which she represented the minor child B. W. Among other offenses, B. W. was charged as a party to the crime of aggravated battery based on a shooting that occurred outside of an acquaintance’s home.

[878]*878During the delinquency hearing, the prosecution sought to prove that B. W. had supplied the handgun used in the shooting and had encouraged the shooter to fire the handgun at the victim. As part of her examination of the law enforcement officer who had investigated the shooting, Jefferson attempted to question the officer about certain statements made to him by the alleged shooter, who had not yet testified. The prosecution objected on hearsay grounds, and the juvenile court sustained the objection. The juvenile court went on to suggest that in order to avoid the hearsay problem, Jefferson should first call the alleged shooter to the stand and question him about the statement, and then recall the investigating officer and question him about any inconsistencies in the shooter’s statement. In response, Jefferson requested that she instead be permitted to continue questioning the officer about the shooter’s statement and then call the shooter himself, rather than vice versa. When the juvenile court said that he would not allow her to proceed in that manner, Jefferson objected by stating, “[T]hat‘s a gross interference with the way that I can represent my client, Your Honor.”

Later during the examination, the officer testified that B. W. had told the shooter to fire the handgun and had “egged it on.” Jefferson then asked, “Can you show me in the shooter’s statement where he told you that [B. W] said shoot him?” The officer responded that “[i]t‘s not in the shooter’s statement.” When Jefferson started to follow up on the officer’s response, the prosecution objected on hearsay grounds to any testimony about what the shooter said or did not say to the officer. The juvenile court then ruled that he would give no probative value to any hearsay contained in the officer’s testimony; after further discussion, the court also held that the police officer’s report was inadmissible. The juvenile court then reiterated its ruling: “I’ve already overruled your proffer of [the police officer’s] report and also your efforts to get [the officer] to testify about his conversation with [the shooter].” When Jefferson continued to resist, the court commented that “[w]hat you’re doing now is making a closing argument,” and said that it “had heard enough on this issue.” Jefferson then protested: “I just find the Court is biased in its view. You say that you’re not prejudging the case but it seems to me like you’ve made up your mind and any and everything that I do to effectively defend my client I’m being rebutted.”

At the conclusion of the delinquency hearing, the juvenile court served a notice of contempt and show cause order alleging eight instances of contempt committed by Jefferson, including her “gross interference” and “biased” statements. The presiding judge then recused himself so that another judge could preside over the contempt proceedings. After a new judge from the juvenile court had been appointed, a hearing was held on the show cause order in which [879]*879Jefferson testified. Following the hearing, the juvenile court issued an order finding Jefferson not guilty of six of the eight instances of alleged contempt. However, the juvenile court found that Jefferson’s “gross interference” and “biased” statements constituted contemptuous conduct. On May 1, 2006, and citing OCGA§ 15-11-5, the juvenile court sentenced Jefferson to ten days incarceration for the first statement and twenty days incarceration for the second statement without specifying whether the sentences would run concurrently or consecutively, and also granted “a supersedeas of this Order pending the resolution of any appeal hereof.” One week later, the juvenile court amended its order to provide that the sentences would run consecutively, and again granted supersedeas.

1. As a preliminary matter, we reject Jefferson’s contention that the juvenile court’s jurisdiction does not extend to matters of criminal contempt or to the imposition of sentences in such cases. As a constitutional court, the juvenile court was authorized both to adjudicate the matter and to impose punishment. See Ga. Const, of 1983, Art. VI, Sec. Ill, Par. I (jurisdiction of juvenile court is “as... provided by law”); OCGA § 15-11-5 (a) (a juvenile court “may punish a person for contempt of court for willfully disobeying an order of the court or for obstructing or interfering with the proceedings of the court”); In re Burton, 271 Ga. 491, 493 (2) (521 SE2d 568) (1999) (juvenile court has jurisdiction to issue contempt orders against counsel appearing before it); In re Liles, 278 Ga. App. 496 (629 SE2d 492) (2006) (affirming juvenile court’s adjudication of contempt arising from violation of its protective order).

2. The crux of this appeal is Jefferson’s contention that the evidence was insufficient to sustain her conviction.

As the United States Supreme Court has acknowledged, the Georgia courts have reserved to themselves the common law power to describe criminal contempt in this state, rejecting legislative efforts to limit that power, and construing state constitutional provisions so as to preserve it. See Wood v. Georgia, 370 U. S. 375, 386 (82 SC 1364, 8 LE2d 569) (1962), citing Atlanta Newspapers v. State of Ga., 216 Ga. 399 (116 SE2d 580) (1960), and Bradley v. State, 111 Ga. 168, 171-172 (36 SE 630) (1900) (under the Georgia constitution, the Georgia legislature can limit the punishment for, but not the definition of, criminal contempt). “The test applied to determine whether a statement is contemptuous is whether [the statement represents] a clear and present danger to [the] orderly administration of justice.” Garland v. State, 253 Ga. 789, 790 (2) (325 SE2d 131) (1985).

Jefferson accused the judge of (a) “gross interference” with her efforts to represent her client and (b) being “biased” and prejudiced against her client.

[880]*880(a) “A judge’s authority to maintain decorum in his courtroom does not depend upon the correctness of his rulings. No matter how unsound [ ] or erroneous one may consider them to be, they afford no justification or excuse for contempt of the court.” White v. State of Ga., 218 Ga.

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Related

In Re Jefferson
662 S.E.2d 548 (Court of Appeals of Georgia, 2008)
In Re Jefferson
657 S.E.2d 830 (Supreme Court of Georgia, 2008)
In the Interest of P. W.
657 S.E.2d 270 (Court of Appeals of Georgia, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
645 S.E.2d 349, 284 Ga. App. 877, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jefferson-gactapp-2007.