People, In re M.R.

62 V.I. 396
CourtSuperior Court of The Virgin Islands
DecidedMay 8, 2015
DocketFamily No. SX-10-CS-01
StatusPublished
Cited by1 cases

This text of 62 V.I. 396 (People, In re M.R.) is published on Counsel Stack Legal Research, covering Superior Court of The Virgin Islands primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People, In re M.R., 62 V.I. 396 (visuper 2015).

Opinion

HINDS ROACH, Judge

MEMORANDUM OPINION

(May 8, 2015)

THIS MATTER came before the Family Division of the Superior Court on May 24, 2013 for Attorney-Defendant Kye Walker, Esq. (“Attorney Walker”) to show cause why she should not be held in direct contempt of court for directing personal remarks against the sitting judge and refusing to leave the courtroom upon the Court’s command to do so on May 8, 2013, while serving as appointed counsel in an abuse and neglect matter before the Court. Attorney Walker personally appeared through Counsel, Attorney Pamela Colon, Esq.

I. FACTUAL BACKGROUND AND PROCEDURAL POSTURE

A. Contemptuous Conduct

On January 11, 2010, the Government filed a Petition in the Family Division of this Court to have the minor M.R. placed in the custody of the Department of Human Services, alleging he was in danger of abuse and neglect.1 On January 22, 2010, the Court issued an Order Appointing Attorney Kye Walker as counsel for the Mother, Yaritza Ramos (“Ms. Ramos”).

On May 8, 2013, the Court held a Final Review hearing to determine the possible reunion of Ms. Ramos with her children or their alternative placement. In attendance on behalf of the People was Assistant Attorney [399]*399General Jasmine Griffin, Esq. Additionally, the Mother of the minor children, Ms. Ramos, personally appeared through Attorney Walker.

Counsel for the minors was also present in the courtroom; as well as social service agency representatives, including the Executive Director of CASA [Court Appointed Special Advocates] and the designated social worker from the Department of Human Services.

During Final Review proceedings, the Court addressed Ms. Ramos’ failure to consistently comply with Court-ordered counseling.2 However, Attorney Walker took exception to the Court’s characterization of her client’s ability to attend family counseling sessions as “simple.” Personally addressing the Court, Attorney Walker stated:

WALKER: I think it’s easy for people to sit in this room and [voice level escalated] pass judgment on Ms. Ramos, and sit on the bench and drive a government car and remark as to what is easy for Ms. Ramos to do.

The Court requested that Walker be removed from the Courtroom “right now.” However, Walker did not leave; rather, she returned to her seat at the counsel table, crossed her arms, and turned her back to the Court. Upon which time, the Court addressed her:

COURT: Attorney Walker... F d like for you to leave, please. You are being disrespectful to the Court.3

When Walker did not leave as requested, the Court instructed marshals to remove her. The proceedings continued in Walker’s absence, whereupon terms, conditions, and a date were set for a subsequent review hearing.

On the same date, May 8, 2013, the Court issued an order for Walker to appear before it “to show cause as to why she should not be held in [400]*400contempt and sanctioned, pursuant to Superior Court Rule 138 (‘Summary Disposition’), for her behavior.” The show cause order further stated that Walker had “demonstrated contemptuous behavior in failing to follow a lawful order and making disrespectful statements to the Court all of which caused a disruption of the proceeding to occur.”

B. Show Cause Hearing

1. Admissions & Sanction

The continued show cause hearing came before Judge Hinds Roach on May 24, 2013.4 Attorney Walker apologized to the Court for her behavior and “offensive comments.” Defendant also conceded that such comments were “inappropriate” and were counterproductive to the Court, counsel and her client.5

Additionally, Counsel for Walker, a senior practicing Attorney, proposed an alternative sanctioning scheme whereby she would mentor and shadow Attorney Walker during all her in-court appearances in the Family Court, instructing her on courtroom decorum and other such points of professionalism.6

2. Objections/Arguments

Counsel for Walker asserted two (2) procedural and two (2) factual arguments. Procedurally, defendant argued that: (1-a.) contemptuous conduct must occur in public and family court proceedings do not meet such requirement because they are closed to the public; and (1-b.) pursuant to Superior Court Rule 139 governing criminal contempt, a neutral fact finder rather than the offended judge must adjudicate the issue of contempt to avoid violation of due process.

[401]*401Factually, Counsel for Walker argued that Attorney Walker’s in-court remarks do not rise to a level of contempt because (2-a.) a finding requires intent and it was not Walker’s intent to offend the Court. Relatedly, Walker argues that case law suggests a spectrum of behaviors which justify a finding of contempt and Walker’s behavior does not approach such levels. Moreover, Walker asserts that (2-b.) the Court must find that her behavior obstructed the administration of justice, but no such interference occurred because the proceeding went forward after Walker’s removal.

3. Special Circumstances

Lastly, Defendant submitted the special relationship she had developed with her client throughout three (3) years, to illuminate or justify her emotional, in-court response. Attorney Walker testified that due to their special relationship, Ms. Ramos had privileged access to her personal cell phone number which she could and did call at any time and that she had defended Ms. Ramos as if defending a close member of her family.7

Ms. Ramos corroborated as much when she testified before the Court that they shared “more than an attorney-client relationship.” She explained that Walker provided her with transportation, supported and comforted her in a highly emotional process to regain custody of her children, and represented her when she was involved in a separate domestic violence incident.

II. RELEVANT PRINCIPLES OF LAW

The judiciary is charged with the efficient, orderly and impartial administration of justice while upholding the dignity of the Court. See, e.g., Francis v. People, 57 V.I. 201 (V.I. 2012). Courts are vested with both broad discretion and inherent powers to carry out this extensive mandate.

The contempt power is “the most prominent” of these powers, because it is necessary to the adjudication of cases in an orderly and efficacious manner and therefore essential to the administration of justice. [402]*402Eash v. Riggins Trucking, Inc., 757 F.2d 557, 562-63 (3d Cir. 1985). See also In re Rogers, 56 V.I. 325, 340, 344 (2012) (The court has both statutory and inherent power to compel obedience by way of contempt); American Bar Association, Standard 6-3.5(a) (Judge has the obligation to use his or her judicial power to prevent distractions and disruptions).

Virgin Islands courts specifically source their authority to impose contempt sanctions in Title 14 Section 581 of the Virgin Islands Code which provides that:

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Related

People In re M.R.
64 V.I. 333 (Supreme Court of The Virgin Islands, 2016)

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Bluebook (online)
62 V.I. 396, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-in-re-mr-visuper-2015.