State ex rel. Young v. Woodson

1973 OK 151, 519 P.2d 1357, 1973 Okla. LEXIS 526
CourtSupreme Court of Oklahoma
DecidedDecember 11, 1973
DocketNo. 46564
StatusPublished
Cited by4 cases

This text of 1973 OK 151 (State ex rel. Young v. Woodson) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Young v. Woodson, 1973 OK 151, 519 P.2d 1357, 1973 Okla. LEXIS 526 (Okla. 1973).

Opinion

DOOLIN, Justice.

Petitioner requests this Court to prohibit the Respondent District Judge of Creek County from enforcing a contempt citation issued against him for failing to answer a direct question put to the Petitioner during a non-jury trial by the Judge. He further seeks mandamus to compel the Judge to disqualify and to let another district judge condrtct a hearing as guaranteed a contem-ner under Article II, Sec. 25 of the Oklahoma Constitution. It is in order to determine Petitioner’s rights herein and to define the power of contempt and to specifically pass upon the question of whether a contemner in a judicial proceeding has a right to stay proceedings after trial has commenced by application for extraordinary relief to this Court, when during the trial he has been requested to give specific information to the court or directed to answer a question put to him by the judge.

Petitioner was found to be in contempt by the trial judge for refusing to answer a question capable of being answered by a “yes” or “no” answer after being warned he was dangerously near to contumacious conduct. Petitioner insisted he need not answer the question and that the trial should cease and that he be allowed to take an appeal of the question to the Supreme Court or to make application for extraordinary relief to the Supreme Court. His refusal to answer resulted in a finding that he was in contempt and punishment was fixed at 24 hours in the Creek County Jail. Thereafter and at the hearing held upon the contempt citation, upon written and oral Motion, Petitioner moved to vacate the finding of contempt and to disqualify the Judge who had issued the contempt citation from presiding at the second hearing. The court upheld its original punishment, fixed bond for Petitioner, and Petitioner made application to the Supreme Court for Writs of Mandamus and Prohibition. We have previously granted oral argument upon application from Petitioner.

The power of this Court to review contempt citations by a trial court is generally set out in Article VII, Sec. 4 of the Oklahoma Constitution. Review of contempt citations has been accomplished in the past by both this Court and the Oklahoma Court of Criminal Appeals and we approve of this procedure. This Court can define contempt standards applicable to contempts, both in civil and criminal proceedings. In the recent case of Fulreader v. State, Okl., 408 P.2d 775 (1965), we held :

“Direct contempt proceedings are neither civil nor criminal in character but are sui generis and Supreme Court has jurisdiction to review an order adjudging one in contempt and imposing punishment therefor.”

In adopting such standards, the limitations imposed on the exercise of contempt power by the Law of the State of Oklahoma and by the Law of the United States of America must be considered. Article II, Sec. 25 of the Oklahoma Constitution provides, among other things, that the legislature shall pass laws defining contempt and that in no case shall a punishment for contempt be imposed without opportunity to be heard.

We note that Article II, Sec. 25 may offer greater protection and relief from the oppressive use of the power of con[1359]*1359tempt than is apparently guaranteed by the United States Constitution for it assures a contemner of “an opportunity to be heard” before penalty or punishment becomes final. Young v. State, Okl.Cr., 275 P.2d 358 (1954). The legislature has properly and adequately responded to the provisions of Article II, Sec. 25 of the Oklahoma Constitution by enacting 21 O.S.1971 § 565 which defines contempt and distinguishes between direct and indirect contempt.

Oklahoma cases have gone on to find in some situations that a trial judge should disqualify himself from hearing particular matters where he may be partial, biased, or prejudiced. See State ex rel. Larecy v. Sullivan, 207 Okl. 128, 248 P.2d 239 (1952); Heard v. Sullivan, 280 P.2d 708 (Okl., 1955). The Federal court has also held that a defendant in a contempt proceeding may be denied the protections of federal due process if he is not given a public trial before a judge other than the judge who cited him for contempt, Mayberry v. State of Pennsylvania, 400 U.S. 455, 91 S.Ct. 499, 27 L.Ed.2d 532 (1971); Johnson v. State of Mississippi, 403 U.S. 212, 91 S.Ct. 1778, 29 L.Ed. 423 (1971).

The American Bar Association Project on Standards of Criminal Justice has promulgated Standards relating to the function of the trial judge with respect to the use of the contempt power. ABA Standards Relating to the Function of the Trial Judge, Approved Draft, 1972. These standards take into consideration the limitations mentioned above, and with slight adaptation to reconcile them with Oklahoma’s sui generis characterization of the contempt power, can be adopted by this Court to serve as procedural guidelines for trial judges in this jurisdiction in the exercise of contempt power. Prospectively, the trial judges of this State should be guided by the following Standards in direct contempt situations; and said Standards are hereby declared to be Court rules of procedure in the trial courts of Oklahoma subject to revision and change as any other rules of this Court.

1. Inherent power of the court.
The court has the inherent power to punish any contempt in order to protect the rights of the parties and the interests of the public by assuring that the administration of justice shall not be thwarted. The trial judge has the power to cite and if necessary punish summarily anyone who, in his presence in open court, willfully obstructs the courts of judicial proceedings after an opportunity to be heard has been afforded.
2. Admonition and warning.
No sanction other than censure should be imposed by the trial judge unless
(i) it is clear from the identity of the offender and the character of his acts that disruptive conduct was willfully contemptuous, or
(ii) the conduct warranting the sanction was preceded by a clear warning that the conduct is impermissible and that specified sanctions may be imposed for its repetition.
3. Notice of intent to use contempt power; postponement of adjudication.
(a) The trial judge should, as soon as practicable after he is satisfied that courtroom misconduct requires contempt proceedings, inform the alleged offender of his intention to institute such proceedings.
(b) The trial judge should consider the advisability of deferring adjudication of contempt for courtroom misconduct of a defendant, an attorney or a witness until after the trial, and should defer such a proceeding unless prompt punishment is imperative.
4. Notice of charges and opportunity to be heard.
Before imposing any punishment for contempt, the judge should give the offender notice of the charges and at least a summary opportunity to adduce evidence or argument relevant to guilt or punishment.
[1360]*13605. Referral to another judge.

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Bluebook (online)
1973 OK 151, 519 P.2d 1357, 1973 Okla. LEXIS 526, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-young-v-woodson-okla-1973.