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In Re Herbert Adams

Evidence supported the trial court's ruling that the defense attorney was in willful contempt for being unprepared for a specially set trial in a criminal prosecution for murder.

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Appellant Herbert Adams is an attorney who was held in wilful contempt of court while representing Michael Blaine in a criminal prosecution for murder in the Superior Court of DeKalb County. On the third morning of Blaine’s July 2011 trial, Judge Mark Anthony Scott, upon hearing subpoenaed testimony from the attorney representing the State’s material witness Walter Landers and upon questioning appellant directly, decided to continue Blaine’s trial and institute contempt proceedings against appellant on the basis that appellant was not prepared for the specially set trial. After the contempt hearing was held, Judge Scott issued an order finding appellant to be in wilful contempt for being unprepared for trial and ordering appellant to pay a $500 fine. Appellant now seeks this Court’s review of the judgment of contempt. For reasons set forth below, we affirm.

1. Appellant alleges Judge Scott was required to recuse himself sua sponte from the contempt proceedings. We disagree. It is undisputed that appellant did not file a motion to recuse Judge Scott from the contempt proceedings. See Uniform Superior Court Rule 25.1; Mayor & Alderman of City of Savannah v. Batson-Cook Co., 291 Ga. 114 728 SE2d 189 2012. Since appellant did not timely file a motion for Judge Scott to recuse himself, the matter of recusal is waived. Hampton v. State, 289 Ga. 621 4 713 SE2d 851 2011; Butts v. State, 273 Ga. 760 546 SE2d 472 2001.1

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