In Re Smith

926 So. 2d 878, 2006 WL 1029196
CourtMississippi Supreme Court
DecidedApril 20, 2006
Docket2005-CP-00415-SCT
StatusPublished
Cited by38 cases

This text of 926 So. 2d 878 (In Re Smith) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Smith, 926 So. 2d 878, 2006 WL 1029196 (Mich. 2006).

Opinion

926 So.2d 878 (2006)

In re Susan C. SMITH.

No. 2005-CP-00415-SCT.

Supreme Court of Mississippi.

April 20, 2006.

*880 Appellant, pro se.

Office of the Attorney General by John R. Henry, attorney for appellee.

Before SMITH, C.J., CARLSON and DICKINSON, JJ.

CARLSON, Justice, for the Court.

¶ 1. Today's case involves a pro se appeal from the incarceration of an attorney for direct criminal contempt. The attorney was representing a mother and her daughter in the Chancery Court for the First Judicial District of Carroll County, in Carrollton, in a divorce and a paternity suit, respectively, when the attorney was held in direct criminal contempt by the chancellor for comments she made in open court. The events that led up to the comments are more complex, but the essential fact to this appeal is that the attorney openly insulted the chancery court during a proceeding in which she appeared in her professional capacity. She now appeals the order of the chancery court finding her in contempt. Finding no error, we affirm.

FACTS AND PROCEEDINGS IN THE TRIAL COURT

¶ 2. There is but one principal fact to this appeal: an attorney, Susan C. Smith, in open court, on February 16, 2005, made disparaging remarks to the court by saying, inter alia, "I believe that the actions of this Court have been so reprehensible as to disgust any court," and afterward, she refused to genuinely apologize, despite being given multiple opportunities by the court to do so. (Emphasis in original). Because of this comment by the attorney, as well as her other actions that day, the chancellor found Smith in direct criminal contempt and incarcerated her for five days. A more detailed factual background is needed to explain exactly what actions of the chancery court Smith found to be reprehensible and disgusting.

¶ 3. When these events transpired, Smith, a Greenville attorney, had been representing a defendant in a divorce, and the defendant's son in a paternity action. Smith was present in chancery court on February 16, 2005, for a contempt hearing concerning her client. This hearing was actually the second of two hearings in the cases in which Smith was one of the attorneys. The first hearing, a temporary hearing on matters related to child custody, had taken place on February 4, 2005, and neither Smith nor her clients were present. The husband of Smith's client in the divorce action had filed a complaint for divorce a few months before the first hearing. At the time the divorce action was commenced, process was issued by the *881 clerk for service upon Smith's client, who was directed to appear in court on January 25, 2005, for a hearing on the issue of temporary child custody. Smith's client was served with the summons on January 12, 2005. Smith made an appearance in the case representing the defendant. Both attorneys and the chancellor, through a telephone conference, later agreed to reschedule the hearing for February 4, 2005. Smith claims she was unable to attend the February 4th hearing because her mother had been admitted into the hospital shortly before she was to leave for the hearing. Smith argued at the second hearing that her mother was admitted to the hospital the day before the hearing scheduled for February 4th. Smith's paralegal[1] apparently contacted the court by phone shortly before the end of the work day on February 3rd to request a continuance. The chancellor told this person she should contact opposing counsel, and that he (the chancellor) required more information before considering the request for a continuance. On the other hand, we find in the record, including an affidavit submitted by Smith, evidence that Smith's mother was actually admitted to the hospital on February 2nd. Smith never formally filed a motion for a continuance with the chancery court, rather she simply had a copy of her mother's hospital admission papers faxed to the court.

¶ 4. During the hearing of February 4, 2005, in the absence of Smith and her client, the chancellor granted temporary child custody to the husband because of concerns the court had after hearing testimony from the husband about the child's welfare during the times the child was with the mother. Out of concern for the child's physical safety, the chancellor also issued a handwritten order the same day that the Carroll County Department of Human Services go to the child's home, investigate the child's circumstances, and, if warranted, take the child into custody. The husband, who owned the house, authorized the law enforcement officials to do whatever necessary to enter the home to obtain the child. The mother apparently refused to surrender custody of the child to the Carroll County Sheriff, so the chancellor, believing the child to be in danger, issued an additional order on that same day, this time ordering the Mississippi Highway Patrol to aid the sheriff's department in procuring custody of the child. Evidently, once the law enforcement officials gained entry into the home, they found the mother without the child and arrested the mother on charges of reckless endangerment and kidnaping. The mother was later released on bond. Because the mother refused to obey the court's order by not surrendering the child, or even disclosing the child's location, the husband filed a complaint for contempt against his wife, Smith's client. Process was issued and served on the mother to appear in court on February 16, 2005, for the contempt hearing. The mother, Smith's client, likewise did not attend this second hearing. It was at this second hearing that Smith was found to be in direct criminal contempt for the statements she made to the chancellor.

¶ 5. Exactly what had happened after the chancellor issued his several orders following the February 4th hearing is not entirely clear. Apparently Smith, despite being unable to travel to court on the day of February 4, 2005, had maintained telephone contact that day with both her client *882 and the court, while law enforcement officials surrounded the mother's home in their attempts to locate the child. The chancellor understood Smith as trying to procure an agreement that her client would come out of the home if she could be guaranteed that she would not be arrested by the law enforcement officials. When the court demanded to know the location of the child, Smith was non-responsive and evasive. Smith admits these facts in her brief to this Court. Smith also admits that she understood the chancellor to believe she was interfering in a police situation and was thus endangering her license to practice law. The chancellor also warned Smith that the consequences may be even more severe if she were helping to hide the child. Later, the mother was arrested on charges of reckless endangerment and kidnaping, but she was thereafter bonded out of jail by her parents. After Smith's client was released, Smith set a time frame within which her client was to surrender the child, but Smith's client did not honor this time frame. Smith claims she has had no dealings whatsoever with her client since that time. Smith later filed a motion to withdraw as counsel.[2] The chancellor denied this motion to withdraw on February 11, 2005. Smith claims in her brief that her client then retained attorney Dennis Baker as counsel, which fact was verified by opposing counsel at the second hearing, wherein opposing counsel revealed to the court discussions with Baker in attempts to come to an agreement with Baker.

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Cite This Page — Counsel Stack

Bluebook (online)
926 So. 2d 878, 2006 WL 1029196, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-smith-miss-2006.