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In Re Fitts

The record on appeal supported the trial court's finding that an attorney intentionally refused to appear at his client's trial as ordered.

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Edward M. Fitts, an attorney, appeals the judgment of contempt entered against him when he failed to appear for trial on July 29, 2002, in DeKalb County Superior Court, for the case of Selina Carol Moon v. Maso Roscoe Moon, Jr., Civil Action File Number 01CV-11913-4 “Moon case”. Fitts alleges that the trial court abused its discretion in finding him in contempt because he complied with all of the requirements of Superior Court Rule 16.1 in his notice of leave of absence and was granted a valid leave of absence for the Moon case. We find Fitts’ arguments without merit and affirm.

The appropriate standard of appellate review on appeal of a criminal contempt conviction 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. Cits.” In Re Gouge, 206 Ga. App. 462, 463 1 425 SE2d 882 1992; see In Re Healy, 241 Ga. App. 266, 268 526 SE2d 616 1999; In Re Washburn, 219 Ga App. 428, 429 465 SE2d 459 1995. “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.” Citations and punctuation omitted. In Re Gouge, supra.

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