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In re: Patterson

Because the trial court found that the attorney was negligent, not wilfully disobedient, in missing his client's scheduled arraignment, the court erred in holding him in contempt of court.

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Attorney Jackie G. Patterson appeals from the trial court’s order holding him in contempt of court and ordering him to pay a $100 fine for missing his client’s scheduled arraignment. Patterson contends that the fine was not justified because the court specifically found that his absence was due to negligence, not wilful disobedience. We agree.

On appeal of a criminal contempt conviction the appropriate standard of appellate review is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Criminal contempt is that which involves some disrespectful or contumacious conduct toward the court. Contempt of court has been variously defined; in its broad sense it means disregard for or disobedience of the order or command of the court. We have repeatedly held that an attorney may be held in direct criminal contempt for wilfully failing to respond to the calendar call or to the call of a case for trial.

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