Morgan v. State

50 Fla. Supp. 2d 60
Circuit Court for the Judicial Circuits of Florida·Decided October 15, 1991·No. Case No. 89-17AC-10 (Lower Court Case No. 89-4509MM-10)·Published

Opinion

OPINION OF THE COURT

THIS CAUSE comes before this Court on appeal of a judgment of direct criminal contempt entered against appellant, Kayo Morgan, pursuant to Rule 3.830, Fla. R. Crim. P. Appellant asserts that the trial court erred by entering a finding of criminal contempt against him as no contempt in fact occurred. Furthermore, appellant contends that the record fails to show that an order of the trial court was violated.

[61]*61During a jury trial before Judge Spechler in February of 1989, appellant was acting as attorney for the defendant in a misdemeanor child abuse case. During the course thereof, the following exchange occurred:

[Appellant to Witness]: Listen to my question. Do you remember taking a deposition with me on August 11, 1988?

[WITNESS]: Yes, sir.

[APPELLANT]: To answers in this very, very [sic] case?

[WITNESS]: Yes.

[APPELLANT]: And do you remember—

[STATE]: Excuse me, line and page?

[APPELLANT]: I am just asking him a question.

[STATE]: I am asking for a page and line.

[APPELLANT]: Judge, I hadn’t stepped into that realm yet, I am leading up to it and when it’s appropriate to name a page — Page 27.

THE COURT: Line, please?

[APPELLANT]: Page 27.

[APPELLANTS Line 14.

THE COURT: Thank you.

[APPELLANT]: I don’t have to do it like this.

THE COURT: You do in this courtroom, yes, sir.

[APPELLANT]: Sir, do you remember taking a deposition with me —Are you listening to my questions or are you reading along what the Court has oriented to?

THE COURT: Mr. Morgan, this is not called for. There is absolutely no need for you to raise your voice.

[APPELLANT]: You are interfering in my cross examination and it’s an important case for myself and my client. You are interfering with my case and it’s important for my client, Mrs. Powell.

At this point the trial court sent the jury out and announced that under section 90.612, F.S., the court had the authority to control the mode and order of interrogation. The lower court then stated that counsel was warned on numerous occasions to abide by the order of the court and has failed to do so. The court then asked Mr. Morgan why he should not be held in contempt, to which he responded that he [62]*62was not willfully contemptuous, but rather that he was building the record and expressing that he felt the judge was prejudicing both him and his client due to the court’s interference with counsel’s cross-examination, but that he was not defiant of any order of the court. Thereafter, the trial court then held appellant, Mr. Morgan, in contempt and fined him $250.00.

The law of contempt is ancient. It is generally defined as any act which is calculated to embarrass, hinder or obstruct the court in its administration of justice, or which is calculated to lessen its authority or dignity. Black’s Law Dictionary 288 (5th ed. 1979). See generally, 11 Fla. Jur. 2d Contempts §§ 1, 14 (1979).

The Florida Statutes define “contempt” as “[a] refusal to obey any legal order, mandate or decree, made or given by any judge either in term time or in vacation relative to any of the business of said court, after due notice thereof . . .” Section 38.23, F.S. (1989).

At issue in this appeal is a judgment of direct criminal contempt. Thus, by definition, appellant is charged with exhibiting conduct or behavior in disregard or violation of a court order and/or conduct which is directed against the authority or dignity of the court.

Given the punitive nature of this offense, procedural safeguards have been instituted to afford the contemnor due process. Stramondo v Dion, 408 So. 2d 858 (Fla. 3d DCA 1982); Fisher v State, 482 So. 2d 587 (Fla. 1st DCA 1986). Rule 3.830, Fla. R. Crim. P., provides that a criminal contempt may be punished summarily, if committed in the presence of the court. However, the rule requires that the judgment of guilt of contempt include a recital of the facts upon which adjudication of guilt is based. Moreover, prior to adjudication of guilt, the court shall inform the defendant of the accusation against him and inquire as to whether he has any cause to show why he shall not be held in contempt. In addition, the defendant shall be given the opportunity to present evidence of excusing or mitigating circumstances.

More importantly, it must be recognized that the defendant is presumed innocent and guilt must be demonstrated beyond a reasonable doubt. Mrha v Circuit Court, Felony Division, 537 So. 2d 182, 184 (Fla. 4th DCA 1989); citing Williams v Scott, 138 Fla. 239, 189 So. 274, 275 (1939). That is, “[tjhere must be proof that the individual intended to disobey the court, which must be proven beyond a reasonable doubt.” Hunnefeld v Futch, 557 So. 2d 916, 917 (Fla. 4th DCA 1990).

Accordingly, intent is deemed an essential element of a contempt charge. 11 Fla. Jur. 2d Contempts § 17 (1979). The necessity for a [63]*63finding of intent is predicated on the premise that contempt is an intentional offense against the authority of the court or a judge performing his judicial duties. Tubero v Ellis, 472 So. 2d 548, 550 (Fla. 4th DCA 1985). Thus, “the fact that a person charged with contempt did not intend to commit the offense may, in certain cases, constitute a good defense, though a purely technical contempt was in fact committed.” Department of Health and Rehabilitative Services v State, 338 So. 2d 220 (Fla. 4th DCA 1976).

Note, however, that a disclaimer of intent is not sufficient to deprive a court of the power to punish for contempt. Ward v State, 354 So. 2d 438, 439 (Fla. 3d DCA 1978). As decreed by the Fourth District Court of Appeal, proof of contemptuous intent is required where the order said to have been violated was confusing or ambiguous. Dept, of HRS, supra. Whereas, a court can only infer intent from a defendant’s actions when the defendant’s actions violate an express and unambiguous court order. Linowitz v State, 498 So. 2d 1315 (Fla. 3d DCA 1986).

The purpose of contempt is not to avenge a personal affront, but to appropriately punish for an assault or aspersion on the authority or dignity of the court or judge, or to vindicate orderly procedure. 11 Fla. Jur. 2d Contempts § 5 (1979); Ex Parte Earman, 85 Fla. 297, 95 So. 755, 761 (1923). Punishment for contempt is imposed to enable a court to compel due decorum and respect in its presence; therefore, contempt should be entered only to prevent actual and direct obstruction or interference with the administration of justice. 11 Fla. Jur. 2d Contempts § 5 (1979); In re Goldman, 546 So. 2d 779

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Morgan v. State, 50 Fla. Supp. 2d 60 (Fla. Super. Ct. 1991).

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