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In Re: Sprayberry

The trial court did not afford the defendant-attorney any meaningful opportunity to be heard before holding her in criminal contempt and imposing a $25 fine after her cellphone vibrated at a motions hearing.

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While Lauren King Sprayberry was appearing as counsel at a motions calendar in a trial court, her cell phone began to vibrate. The trial court held her in criminal contempt and imposed a fine of $25. On appeal, Sprayberry argues that she was not afforded an opportunity to be heard and that the evidence did not support the judgment. We agree with the first of these contentions and therefore reverse.

“The contempt power is inherent in every court and, as such, is not subject to abridgement or restriction by the Legislature.” In re Jefferson, 283 Ga. 216, 217 657 SE2d 830 2008, citing Bradley v. State, 111 Ga. 168, 170 1, 2 36 SE 630 1900. “‘The broad authority of a judge to preserve good order in the courtroom by the use of contempt power is well recognized and must be preserved if the courts are to perform their public duty.’” Jefferson, 283 Ga. at 217 footnote omitted, quoting Garland v. State, 253 Ga. 789, 791 2 325 SE2d 131 1985. “Where misconduct occurs in open court, the affront to the court’s dignity is more widely observed, justifying summary vindication.” Ramirez v. State, 279 Ga. 13, 15 2 608 SE2d 645 2005 punctuation and footnote omitted.

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