Jackson v. Bailey

605 A.2d 1350, 221 Conn. 498, 1992 Conn. LEXIS 95
CourtSupreme Court of Connecticut
DecidedMarch 31, 1992
Docket14253
StatusPublished
Cited by24 cases

This text of 605 A.2d 1350 (Jackson v. Bailey) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jackson v. Bailey, 605 A.2d 1350, 221 Conn. 498, 1992 Conn. LEXIS 95 (Colo. 1992).

Opinion

Santaniello, J.

The plaintiff in error, Theodore Jackson (plaintiff), brought a writ of error to this court seeking reversal of a judgment of the Superior Court, summarily finding that he had committed three separate contempts of court and sentencing him to fifteen months imprisonment. The plaintiff argues that the trial court erred when it summarily sentenced him to fifteen months in prison without: (1) affording him a jury trial; (2) giving him notice or allowing him a full opportunity to respond to the charges against him; and (3) having such contempt charges heard and decided by a different judge.

“ ‘The present case, which involves a review of a summary criminal contempt proceeding, comes before us on a writ of error which is the sole method of review of such proceedings. Whiteside v. State, 148 Conn. 77, 78-79,167 A.2d 450 (1961); Goodhart v. State, 84 Conn. 60, 63, 78 A. 853 (1911). The scope of our review reaches only those matters appearing as of record. State v. Assuntino, 180 Conn. 345, 347, 429 A.2d 900 (1980); Reilly v. State, 119 Conn. 217, 223, 175 A. 582 (1934). In a review of summary criminal contempt, the inquiry is limited to a determination of the jurisdiction of the court below. Tyler v. Hammersley, 44 Conn. 393, 413 (1877). Subsumed in this inquiry are three questions, namely, (1) whether the designated conduct is legally susceptible of constituting a contempt; Goodhart v. State, supra; (2) whether the punishment imposed was authorized by law; State v. Jackson, 147 Conn. 167, 169, 158 A.2d 166 (1960); and (3) whether the judicial authority was qualified to conduct the hearing. Mayberry v. Pennsylvania, 400 U.S. 455, 465-66, 91 S. Ct. 499, 27 [501]*501L. Ed. 2d 532 (1971)' Moore v. State, 186 Conn. 256, 257, 440 A.2d 969 (1982).” In re Dodson, 214 Conn. 344, 346-47, 572 A.2d 328, cert. denied, U.S. 111 S. Ct. 247, 112 L. Ed. 2d 205 (1990).

The record discloses, inter alia, the following: On August 27,1990, the plaintiff was arrested and charged with three serious crimes for which bond was set at $300,000. On December 26, 1990, bond was reduced to $85,000. On February 25, 1991, the plaintiff filed a motion for a further bond reduction. On March 6,1991, the plaintiff appeared in court to be heard on this motion.

After listening to argument by counsel, the trial court denied the motion. As the plaintiff was exiting the courtroom, an apparent disturbance prompted the trial court to order that the plaintiff be returned to the courtroom.1 After the plaintiff was returned to the courtroom, the plaintiff explained that his reaction was due to the fact that he was being held in Bridgeport, which was far from his friends and family in Hartford, and his concern over pretrial delay. An angry exchange followed in which the plaintiff uttered various obscenities to the trial court, and the court, in response, summarily found that the plaintiff had committed three separate contempts, for which the trial court sentenced the plaintiff to a total of fifteen months imprisonment.2

[502]*502On March 7,1991, the plaintiff filed a motion to correct illegal findings of contempt. This motion was argued before the trial court on March 14,1991. Before ruling on the plaintiffs motion, the trial court articulated the reasons for its three findings of contempt, describing the effect that the plaintiffs conduct could have on the dignity of the courtroom, had such contempt findings not been made.* *3 The trial court then denied the motion. Subsequently, the plaintiff filed this writ of error challenging the trial court’s findings of contempt.

I

The first issue raised in the writ is whether the trial court was authorized, under its summary contempt powers, to impose an aggregate sentence of greater [503]*503than six months. The plaintiff argues that the punishment imposed exceeded the trial court’s authority.

An understanding of the trial court’s contempt power is necessary in order to evaluate this claim properly. Pursuant to General Statutes § 51-33, “[a]ny court . . . may punish by fine and imprisonment any person who in its presence behaves contemptuously or in a disorderly manner; but no court . . . may impose a greater fíne than one hundred dollars or a longer term of imprisonment than six months or both.” (Emphasis added.) Thus, “[s]o long as the punishment is kept within the six-month term provided by § 51-33, the court’s jurisdiction to impose such punishment summarily is clear.” Moore v. State, supra, 259. In Moore, we noted the apparent overlap between § 51-33 and General Statutes § 51-33a.4 In harmonizing the two statutes so that both may be operative, we stated that “[t]he ‘overlap’ of the two statutes in respect to con-tempts occurring in the presence of the court allows the court to proceed to resolve such matters summarily during trial in accordance with § 51-33 ... or, in an appropriate situation, to defer the adjudication to a later time so that proceedings under § 51-33a may be instituted in accordance with § 990 of the Practice Book.” Id., 261; see also Naunchek v. Naunchek, 191 Conn. 110, 115, 463 A.2d 603 (1983).

Section 9885 of the Practice Book provides for summary contempt when the contemptuous conduct occurs [504]*504in the trial court’s presence and when summary response to it is necessary to maintain order in the courtroom. Section 9896 of the Practice Book deals with the circumstances under which institution of the contempt proceedings should be deferred until conclusion of the trial and then conducted pursuant to Section 990,* ****67 the nonsummary contempt provisions.

The applicable statutes and Practice Book provisions clearly show that “ ‘[a] court exercises considerable discretion in dealing with contemptuous conduct occurring in its presence, and its summary adjudication is accorded a presumption of finality.’ State v. Melechinsky, [36 Conn. Sup. 547, 549, 419 A.2d 900 (1980)]. ‘From necessity the court must be its own judge of contempts committed within its presence.’ Goodhart v. State, supra [62-63].” McClain v. Robinson, 189 [505]*505Conn. 663, 669, 457 A.2d 1072 (1983). In In re Dodson, supra, 353, we stated that “[w]here the judge decides to impose sanctions for misconduct, ‘ordinarily [the judge should] impose the least severe sanction appropriate to correct the abuse and to deter repetition . . . .’ American Bar Association Standards for Criminal Justice (2d Ed. Sup. 1982), Special Functions of the Trial Judge, Standard 6-3.3 . . . .” We also stated that “[s]ummary criminal contempt should not be employed as a means of abuse but courts have the right in appropriate circumstances to employ it to vindicate their dignity and authority upon any interference and to go no further.” Id., 376.

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Bluebook (online)
605 A.2d 1350, 221 Conn. 498, 1992 Conn. LEXIS 95, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-bailey-conn-1992.