In Re Karasek

695 N.E.2d 1209, 119 Ohio App. 3d 615
CourtOhio Court of Appeals
DecidedMay 23, 1997
DocketNo. 15891.
StatusPublished
Cited by12 cases

This text of 695 N.E.2d 1209 (In Re Karasek) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Karasek, 695 N.E.2d 1209, 119 Ohio App. 3d 615 (Ohio Ct. App. 1997).

Opinion

Fain, Judge.

Jo Blackburn Karasek, counsel for John Allen Jackson, appeals from a judgment holding her in criminal contempt of court. The contempt proceedings against Karasek stem from her conduct during her representation of Jackson before the Montgomery County Court of Common Pleas, Domestic Relations *618 Division. In contesting the conviction, Karasek contends that the trial court erred by striking, and by refusing to allow the filing of, certain documents claimed by her to have been filed or tendered for filing on behalf of her client. She also claims that the trial court was prejudiced and biased toward her and, therefore, erred by presiding over the contempt hearing. She further contends that the trial court did not provide her with adequate notice of the contempt hearing and thus denied her the right to representation and to present witnesses on her behalf. Additionally, Karasek claims that the trial court erred by failing to grant her motions for a new trial and for relief from the judgment of contempt, pursuant to Civ. R. 59(A) and 60(B), respectively. Finally, she contends that the trial court erred by entering an order requiring her to employ co-counsel in any future cases tried before the court.

We conclude that the trial court did not err to Karasek’s prejudice by striking or by refusing to file certain documents, because the documents in question were not material to the contempt proceedings. Further, we conclude that the trial judge did not err by presiding over the contempt proceedings, because there is no evidence that he was prejudiced or biased against Karasek. We find that Karasek was given adequate notice of the contempt hearing. We also find that the trial court correctly denied Karasek’s Civ. R. 59(A) and 60(B) motions for new trial and relief from judgment, respectively. Finally, we conclude that the trial judge did err by prohibiting Karasek from practicing in his courtroom without co-counsel.

I

Karasek was hired by John Allen Jackson to represent him in his divorce action pending before the Montgomery Court of Common Pleas, Domestic Relations Division. In making an interim award of attorney fees and legal expenses, the trial court entered the following order on November 1, 1995:

“Both parties are hereby ordered to file with the court and provide to the other party by November 10, 1995 a detailed written disclosure statement of all attorney fees and legal expenditures incurred by each party in the litigation of this case to date, including itemized fee statements, hourly rates paid, itemized hours expended, itemized fee deposits, and balances due.”

At a hearing held December 7, 1995, the trial court reminded Karasek that her fee disclosure was overdue. Karasek informed the trial court that she was not going to file the disclosure unless opposing counsel was also required to make the same disclosure. The trial court informed Karasek that opposing counsel had already filed his disclosure. At that point, the following colloquy took place:

“MS. KARASEK: That doesn’t say how much he’s paid [counsel].
*619 “THE COURT: If you have any quarrel with his, you file something to force him to disclose it, but that doesn’t relieve your obligation. I expect to see it Monday.
“MS. KARASEK: If you require me, I’m not going to do it unless he does.
“THE COURT: Don’t tell me. I’ll have you brought before the Court, if necessary. I expect to see it by the end of the day Monday. He has filed his. You file yours.
“MS. KARASEK: I’ll file just as he has filed.
“THE COURT: You file what the Court ordered you to file, or I’ll have you brought before the Court. Do you understand me?
“MS. KARASEK: I’m not concerned.
“THE COURT: Do you understand me?
“MS. KARASEK: You can’t order something of-me you don’t order of him.
“THE COURT: I have ordered you both to comply. You have failed to comply.
“MS. KARASEK: He hasn’t either.
“THE COURT: You’re on notice. Monday, 4:00 o’clock.”

On December 11, 1995, Karasek filed her disclosure, which contained a list of actions taken on the case, as well as expenses incurred. It also stated that Karasek was not charging her client by the hour' and that her hours were not generally kept; however, it failed to set forth any details of the fee arrangement. The disclosure also stated that it was not a complete list of all activity. On December 14, 1995, Karasek filed a posttrial statement in which she stated that she had omitted an expense item on her disclosure. On December 21, 1995, the trial court entered an order to show cause why Karasek should not be held in contempt of court for failing to comply with the trial court’s order. The trial court stated that it issued the show-cause order because Karasek’s disclosure failed to set forth hours expended, amount billed, or amount due. The order required Karasek to appear before the court on December 27, 1995,. but waived her appearance if the statement was filed prior thereto.

According to the record, Karasek did not appear before the trial court for the December 27 show-cause hearing; neither did she file an amended disclosure statement or a motion for a continuance. Instead, on December 28, 1995, she filed a response to the order to show cause, stating that she would not be present for the hearing. The response contained the following assertions: (1) that Karasek had never been held in contempt before any court, (2) that the show-cause order intruded on the Christmas holiday, (3) that she had less than a *620 week’s notice of the hearing, and only two business days to prepare a response, (4) that the charge of contempt was unfounded, (5) that although Karasek was “utterly inexperienced in personally defending against contempt charges, and has had insufficient time to research this, she is not sure, but she has a recollection that she is entitled to a different judge to hear this matter, and does hereby assert that right,” (6) that Karasek did not have sufficient time to conduct research, but that she “believes” that she is entitled to at least a week plus three days to respond to the charge, (7) that she had filed an affidavit of bias and prejudice against the trial judge on December 22 1 and, therefore, the trial court had no authority to hear the contempt case until after the Ohio Supreme Court had ruled on the affidavit, and (8) that Karasek was scheduled to have surgery for cancer the day after the matter was scheduled to be heard.

The trial court, on January 5, 1996, issued an arrest warrant for Karasek requiring her to appear before the trial court to answer for her failure to appear. Karasek was subsequently arrested on January 22, 1996. She was released on her own recognizance, provided that she appear before the trial court on January 31, 1996.

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Bluebook (online)
695 N.E.2d 1209, 119 Ohio App. 3d 615, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-karasek-ohioctapp-1997.