Ashford v. State

• Decision Date: 19 April 2000
• Docket Number: No. 72,72
• Citation: 358 Md. 552,750 A.2d 35
• Parties: Raymond L. ASHFORD, Jr. v. STATE of Maryland.
• Court: Maryland Court of Appeals

750 A.2d 35

358 Md. 552

Raymond L. ASHFORD, Jr. v. STATE of Maryland.

No. 72, Sept. Term, 1998.

Court of Appeals of Maryland.

April 19, 2000.

Julia Doyle Bernhardt, Asst. Public Defender (Stephen E. Harris, Public Defender, on brief), Baltimore, for appellant.

Devy Patterson Russell, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., on brief), Baltimore, for appellee.

Argued before BELL, C.J., and ELDRIDGE, RODOWSKY, CHASANOW ¹, RAKER, WILNER and CATHELL, JJ.

BELL, Chief Judge.

Following a bench trial, the appellant, Raymond Ashford, was convicted in the Circuit Court for Cecil County of constructive criminal contempt of court for failure to pay court-ordered child support and sentenced, inter alia, to 179 days imprisonment. He noted an appeal to the Court of Special Appeals, but prior to decision by that court, this Court, on its own motion, granted certiorari to address three issues: whether the appellant was entitled to a trial by jury in Circuit Court for the charge of constructive criminal contempt and, if so, whether the failure of the record in this case to show a knowing and voluntary waiver of that right requires reversal; whether the evidence presented was sufficient to prove criminal contempt; and whether the trial court properly tried the charge of constructive criminal contempt on an "Order Converting Charge of Civil Constructive Contempt of Court to a Charge of Criminal Constructive Contempt of Court" in lieu of a charging document filed pursuant to Maryland Rule 15-205.

We shall hold that the appellant was entitled to a jury trial and that the evidence was not sufficient to sustain the appellant's conviction. Accordingly, we shall reverse the judgment of the Circuit Court.²

I.

The facts in this case are undisputed. Because of his alleged failure to make child support payments, the appellant was charged with constructive criminal contempt of court by "Order Converting Charge of Civil Constructive Contempt of Court to a Charge of Criminal Constructive Contempt of Court." He appeared in the Circuit Court for Cecil County on October 6, 1997 for arraignment. At that hearing, purportedly in order to avoid the necessity of a jury trial, the State recommended, and the court agreed, to limit the maximum sentence the appellant would receive to 179 days. The appellant, appearing without counsel, did not object.³ On the trial date, however, the appellant, now appearing with counsel, requested a jury trial. The trial court denied the request, explaining that it had already agreed to limit the sentence to 179 days.⁴

At trial, a representative from the Child Support Enforcement Agency testified that the appellant was under a court order to pay child support of $50 per week plus $12.50 per week on the accrued arrearage, payable biweekly, but had not complied with that order. She testified that his payments had been "sporadic at best." Further, the representative advised the court that the last payment the agency received from the appellant was on July 21, 1997, in the amount of $250 and that the arrearage as of the date of the trial totaled $19,240.25. She added that, since making his last payment, the appellant had failed to contact her or her agency concerning any mental or physical disabilities that would have prevented him from being able to make payments. At the conclusion of the trial, the trial judge found appellant guilty of constructive criminal contempt of court and sentenced him to 179 days in prison. This appeal followed.

II.

The appellant concedes that, under federal law, a defendant charged with criminal contempt has a right to a trial by jury only when the sentence could be incarceration for 180 days or more. See Bloom v. Illinois, 391 U.S. 194, 88 S.Ct. 1477, 20 L.Ed.2d 522 (1968)

.⁵ He argues, however, that, notwithstanding federal law, Maryland law affords greater jury trial rights to defendants facing criminal charges in Circuit Court. Citing Thompson v. State, 278 Md. 41, 359 A.2d 203 (1976), the appellant contends that this Court has recognized a common law right to jury trial in Circuit Court without reference to any term of imprisonment. See Id. at 52-53, 359 A.2d at 209-10.⁶ As the appellant sees it, because no legislative enactments limit the right to a jury trial for a charge of constructive criminal contempt, and the charge of constructive criminal contempt is not subject to summary proceedings, he was entitled to, and improperly denied, a trial by jury. Accordingly, the appellant argues that the failure of the record in this case to show a knowing and voluntary waiver of that right requires reversal.

Alternatively, while noting that criminal contempt is the only offense tried in Circuit Court for which it is contended that a defendant's right to a jury trial depends on the length of the sentence he or she faces, the appellant cites Kawamura v. State, 299 Md. 276, 295-96, 473 A.2d 438, 448-49 (1984) for the proposition that, as a matter of state constitutional law, no legal basis exists for treating criminal contempt differently from other serious criminal offenses. Involved in the Kawamura case was a challenge to the constitutionality of § 4-302(d)(2)(ii) of the Courts and Judicial Proceedings Article (1974, 1984 Repl.Vol.), a Maryland statute permitting the State and the court, acting together, to deny to a criminal defendant his or her right to be tried by a jury for a crime with a maximum authorized penalty of imprisonment for more than 90 days.⁷ Under that section, if the prosecutor recommended that the judge not impose more than ninety days imprisonment and if the judge agreed, the defendant was not entitled to a jury trial and the case remained in the District Court to be tried without a jury. We held that the statute denied the defendant, who was charged with theft under $300, his right to jury trial in violation of the Maryland Constitution, id. at 286, 473 A.2d at 443-44, noting, in the process, "it is the nature of the offense, and not the disposition in a particular case, which is relevant to the state constitutional jury trial right in criminal cases." Id. at 296, 473 A.2d at 449.

The State of Maryland, relying on Supreme Court precedent, see Bloom, 391 U.S. at 211,

88 S.Ct. at 1487,

20 L.Ed.2d at 534, contends that the appellant was not entitled to a jury trial right because the maximum potential sentence was less than 180 days. While conceding that a defendant who is charged with contempt in District Court and prays a jury trial is entitled to a jury trial in Circuit Court if the maximum sentence is more than 90 days, see § 4-302(e) of Md. Cts. & Jud. Proc. Art., it argues that, because this case originated in Circuit Court, the Maryland legislature has not set a maximum sentence for the crime of criminal contempt, and the trial judge imposed "only a 179 day sentence," no jury trial is required. Moreover, citing Mitchell v. State, 320 Md. 756, 580 A.2d 196 (1990),

Whitaker v. Prince George's County, 307 Md. 368, 514 A.2d.4, (1986), and Wilkins v. State, 293 Md. 335, 444 A.2d 445 (1982), the State points out that Maryland Courts have followed the Supreme Court's guidance in Bloom, establishing, as they view it, a "bright-line rule" that criminal contempt does not constitute a crime giving rise to a jury trial right unless punished by a sentence in excess of 180 days.

Finding merit in the appellant's principal argument, we need not and, therefore, do not decide whether an alleged criminal contemnor is entitled to a trial by jury as a matter of state constitutional law where the maximum potential sentence is less than 180 days. See State v. Lancaster, 332 Md. 385, 404 n. 13, 631 A.2d 453, 463 n. 13 (1993)

("this Court has regularly adhered to the principle that we will not reach a constitutional issue when a case can properly be disposed of on a non-constitutional ground"). See also, Wilson v. Yates, 137 Md. 54, 61, 111 A. 161, 164 (1920); Dorsey v. State, 356 Md. 324, 342, 739 A.2d 41, 51 (1999).

B.

In Ex parte Bowles, 164 Md. 318, 165 A. 169, (1933), this Court stated:

"Criminal contempts of court embrace all acts committed against the majesty of the law or the dignity of the court, and the primary and controlling object sought to be obtained by punishment of such offenders is the vindication of public authority, of which the court is the embodiment, represented at any given time by the presiding judge."

Id. at 330, 165 A. at 174. (citing Coons v. State, 191 Ind. 580, 134 N.E. 194, 198, 20 A.L.R. 900 (1922)). Criminal contempt also may be utilized when the public authority is being used to enforce a court order forbidding or requiring acts for the benefit of a party. See generally Kelly v. Montebello Park Co., 141 Md. 194, 118 A. 600, (1922). What is sought to be guarded against is an inability to comply caused by a deliberate effort or a wilful act of commission or omission and committed with the knowledge that it would frustrate the order of the court. State v.Roll & Scholl, 267 Md. 714, 730, 298 A.2d 867, 877 (1973). Commenting, in that case, on the necessity of this "weapon," this Court stated:

Being manned by mortals ... our judicial system is not perfect; but the efforts to improve should not be impeded by abusive, contemptuous behavior designed to bully, insult, ignore, frustrate and paralyze the judicial process. Such deeds are at war with our concept of justice under the law and must be eliminated.

One weapon in the court's arsenal useful in defending its dignity is the power to punish for contempt. But the magnitude of its force demands care and discretion in its use so as to avoid arbitrary, capricious or oppressive application of this power. The contempt power has stood as a sentry at the citadel of justice for a very long time and it is probably because of this antiquity that its modern day application is sometimes misunderstood and often confused.

Id. at 717-18, 298 A.2d at 870.

Criminal contempts may be direct or...