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In re Harris

The defendant's alleged comments undermining a court order did not constitute direct or constructive criminal contempt.

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Sasha Harris appeals from the trial court’s order finding her in direct criminal contempt of court and sentencing her to 48 hours of incarceration to be served instanter. She appeals, contending that she was denied due process. For the following reasons, we reverse the court’s order. The record shows the following. Sasha Harris was a friend of Joewona Singletary-Randolph. In September 2002, Ms. Singletary-Randolph divorced Melvin Randolph. Pursuant to their separation agreement, which was incorporated into the divorce decree, the Randolphs agreed that they would respect each other’s custodial and visitation rights to their three children and would not “attempt to influence the children not to love and respect the other parent.” In November 2006, Melvin Randolph hereinafter, “the father” filed a contempt petition against his ex-wife, alleging that she had violated the separation agreement by “willfully making disparaging remarks regarding him to the minor children, and continuing to teach the children to not love or respect their Father.” The court issued a rule nisi ordering Ms. Singletary-Randolph “the mother” to appear at a hearing on the petition.

The contempt petition did not allege that Harris, the mother’s friend, had violated the separation agreement, nor did Harris receive any formal notice of the contempt hearing. Although Harris was not subpoenaed to appear as a witness, she did attend the hearing.

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