Williams International Corp. v. Smith

429 Mich. 81
CourtMichigan Supreme Court
DecidedOctober 6, 1987
DocketDocket Nos. 77337, 77338
StatusPublished
Cited by4 cases

This text of 429 Mich. 81 (Williams International Corp. v. Smith) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Williams International Corp. v. Smith, 429 Mich. 81 (Mich. 1987).

Opinions

Cavanagh, J.

INTRODUCTION

Appellants in these consolidated cases challenge the validity of two civil contempt orders. The circuit judge found appellants in civil contempt of court for violating a June 29, 1983, permanent injunction enjoining them from trespassing on, and obstructing ingress or egress to, Williams International Corporation’s plant at Walled Lake, Michigan.1 The appellants were ordered incarcer[87]*87ated until they purged their contempt by promising to obey the injunction in the future.

Appellants argue before this Court that their contempt was criminal and that the trial court’s sentencing discretion was therefore limited under MCL 600.1715(1); MSA 27A.1715(1) to imprisonment for a definite period, not in excess of thirty days, a $250 fine, or both. Alternately, they contend that if their contempt was civil in nature the trial court exceeded its authority by requiring a promise of future obedience to the court’s injunction as a means of purging their contempt. The requirement of this promise was further challenged as unauthorized by existing statutory law, contrary to the free speech and expression guarantees of the Michigan and federal constitutions, and as not being the least-restrictive alternative available to the trial court to protect Williams International’s legitimate property interests.

We hold that the trial court erred in imposing a coercive sanction upon appellants for their trespass upon Williams’ land, a past violation of the trial court’s injunction. Since appellants were, at the time of the contempt hearing, in compliance with the injunction, it was beyond the power of the trial court to impose an indefinite, coercive sentence upon them. The trial court was limited to imposing a criminal sanction, after a properly conducted criminal contempt proceeding, or to issuing a civil contempt order compensating plaintiff for its actual losses.

FACTS

The Court of Appeals set forth the facts leading [88]*88to the issuance of the June 29, 1983, injunction as follows:

Williams operates a manufacturing complex in Walled Lake, Michigan, with a physical plant consisting of 63 acres surrounded by an 8-foot-high fence. Part of the Walled Lake operations involves the manufacture of a gas turbine engine which the United States government uses in the cruise missile. The Walled Lake plant has been the object of demonstrations by appellants and others who protest Williams’ participation in the production of nuclear weapons. In May, 1983, certain individuals entered the premises by cutting the perimeter fence and spread ashes on the grounds and defaced the walls of buildings. Williams filed a complaint in the circuit court which resulted in a default judgment and a permanent injunction enjoining several individuals, including defendants-appellants Margaret Dewey and Peter Dougherty, and all persons acting in concert with them, from trespassing on and obstructing ingress and egress to Williams’ premises at Walled Lake.[2]

These two cases concern violations of the permanent injunction which occurred on April 20, 1984,3 and June 11, 1984.4 Hearings were held before the trial court on the dates of the incidents, and appellants admitted that they did, with knowledge of the injunction, violate its provisions.5 The trial [89]*89court found all appellants in civil contempt of court and committed them to the Oakland County jail6 until they purged themselves of the contempt by promising to obey the court’s June 29, 1983, injunction in the future. The orders provided that upon purging their contempt they would be released from jail.7

The trial court additionally found the April 20 appellants in contempt of court for their conduct in court for "refusing to agree to refrain from violating” the injunctive order.

The April 20, 1984, contemnors filed a claim of appeal with the Court of Appeals on April 30, 1984. On May 10, 1984, the Court of Appeals stayed the April contempt order and appellants were released from jail. Three of the four June contemnors executed stay bonds and were freed. The fourth, Margaret Dewey, was released from jail after conducting a fast and after the trial court determined that she was no longer capable [90]*90of violating the injunction. The June contemnors filed a claim of appeal with the Court of Appeals, which the Court consolidated with the April contemnors’ appeal.

The Court of Appeals affirmed the contempt orders, finding that the proceedings were civil in nature because of the trial court’s expressed purpose to secure the contemnors’ future compliance with the injunction.8 Additionally, the Court of Appeals upheld the propriety of conditioning the release of the appellants upon their willingness to promise to abide by the injunction in the future.9

We granted appellants’ applications for leave to appeal.

DISCUSSION

i

A

The sui generis nature of contempt proceedings has often obfuscated the distinction between criminal and civil contempt.10 The confusion between criminal and civil contempt has resulted partly from the fact that all contempts may be said to be criminal in nature because they permit imprisoning a contemnor for wilfully failing to comply with an order of the court. Hence, legal authors and courts have stated that all contempts are "quasi-criminal” or "criminal in nature.”11 As one court aptly stated, "[a] contempt proceeding occupies [91]*91what may be termed the twilight zone between civil and criminal cases . . . .”12

The United States Supreme Court has recognized that contempts are "neither wholly civil nor altogether criminal,” Gompers v Bucks Stove & Range Co, 221 US 418, 441; 31 S Ct 492; 55 L Ed 797 (1911), and has stated that " 'it may not always be easy to classify a particular act as belonging to either one of these two classes.’ ” Id., quoting Bessette v W B Conkey Co, 194 US 324, 329; 24 S Ct 665; 48 L Ed 997 (1904).

Although it may be difficult to distinguish between criminal and civil contempts, this distinction is often critical since a criminal contempt proceeding requires some, but not all, of the due process safeguards of an ordinary criminal trial13 and because the purpose sought to be achieved by imprisoning a civil contemnor (coercion) varies significantly from the purpose of imprisoning a criminal contemnor (punishment). Furthermore, Michigan statutory law limits a court’s sentencing discretion in all contempts, "except in those cases where the commitment is for the omission to perform an act or duty which is still within the power of the person to perform,” to thirty days imprisonment, or a fine of $250, or both. MCL 600.1715(1); MSA 27A.1715(1).14 As will be shown below, a commitment for the omission to perform [92]*92an act or duty that is within the power of the party to perform is the classical case of civil contempt that permits the use of a coercive sanction.

The oft-cited case of Gompers, supra, is the leading case distinguishing between criminal and civil contempts. In

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In re Moroun
814 N.W.2d 319 (Michigan Court of Appeals, 2012)
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465 N.W.2d 388 (Michigan Court of Appeals, 1990)
In Re Contempt of Dougherty
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429 Mich. 81, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-international-corp-v-smith-mich-1987.