Ex parte Price

• Decision Date: 02 December 1987
• Docket Number: No. C-5372,C-5372
• Citation: 741 S.W.2d 366
• Parties: Ex parte John Wiley PRICE, Relator.
• Court: Texas Supreme Court

Page 366

741 S.W.2d 366

Ex parte John Wiley PRICE, Relator.

No. C-5372.

Supreme Court of Texas.

Dec. 2, 1987.

David L. Botsford, Maloney, Gotcher & Yeager, Austin, Emmett Colvin, Bruner, McColl, McColloch & McCurley, Dallas, for petitioner.

Jerry L. Hughes, Bliss & Hughes, John E. Collins, Dallas, for respondent.

OPINION

RAY, Justice.

This original habeas corpus proceeding arises out of a judgment holding John Wiley Price in violation of a permanent injunction orally rendered on May 2, 1986. The permanent injunction, however, was not reduced to writing and signed until May 9, 1986, after the allegedly contemptuous conduct occurred on May 3, 1986 and after a motion for contempt was filed on May 6, 1986. We hold that the judgment of contempt is void insofar as it is based upon the May 2, 1986 oral order purporting to render a permanent injunction, and order relator Price discharged. In view of this holding, it is unnecessary to address the remainder of Price's statutory and constitutional arguments.

On April 30, 1986, Paul Ragsdale, a candidate for reelection as state representative, filed an action seeking temporary and permanent injunctive relief and damages against the Progressive Voter's League, John Wiley Price, and other individuals, based on alleged violations of Chapter 251 of the Texas Election Code. The petition alleged that the League was a "political committee" within the meaning of § 251.001(15) of the Code and was therefore required to designate a campaign treasurer before it could conduct any political activities. ¹ An ex parte temporary restraining order was signed the same day, which, inter alia, enjoined the League and Price from:

Issuing, mailing or in any way distributing political slate cards, announcements, recommendations or campaign materials of any kind in support for or in opposition to candidates for public office ...

At a hearing on May 2, 1986, the court announced from the bench that it was granting a 30 day "permanent injunction," to expire of its own terms without further order of the court, and that it was continuing the terms of the temporary restraining order "as a permanent injunction."

The permanent injunction was not reduced to writing and signed until May 9, 1986. In the meantime, on May 6, Ragsdale filed a motion for contempt based on the May 2nd oral order. Since the permanent injunction had not yet been reduced to writing, this motion depended heavily on the original temporary restraining order in alleging that the Progressive Voter's League and Price had engaged in contemptuous conduct on election day, May 3, by distributing or causing to be distributed certain "Voters' Guides"--slate cards recommending certain candidates. After a hearing on May 23, the court held Price in contempt of the May 2nd oral order in that he gave to "some young person" green slate cards bearing the legend "Progressive Voters League Official Voters' Guide." The court assessed a punitive sentence of 96 hours in jail.

In this court, Price alleges various violations of his rights of freedom of speech, press and political association, as well as his rights to equal protection and due process of law, under both the Texas and Federal constitutions. Among other things, he asserts that the May 2nd oral "permanent injunction" is overbroad and vague in violation of both his First Amendment rights, and of his due process rights under Ex Parte Slavin, 412 S.W.2d 43 (Tex.1967).

In order for a party to be held in contempt for disobeying a court decree, the decree must spell out the terms of compliance in clear, specific and unambiguous terms so that such person will readily know what duties and obligations are imposed on him. Ex Parte Slavin, 412 S.W.2d 43, 44 (Tex.1967). A corollary to this rule is that a party who is committed to jail for constructive civil contempt should be able to find somewhere in the record the written order which meets Slavin's requirements. It is this written order, signed by the court and entered upon the minutes, which evidences a parties' rights and duties. "Oral orders are poor substitutes for the requirement of one final judgment." Ex Parte Padron, 565 S.W.2d 921, 924 (Tex.1978). See also Ex Parte Wilkins, 665 S.W.2d 760 (Tex.1984). Here, the permanent injunction was not reduced to writing until after the allegedly contemptuous election day conduct occurred, and after a motion for contempt had been filed based on the May 2nd oral order and the prior temporary restraining order. Thus, Price had no operative written order to consult concerning what were his obligations and duties on election day, and moreover, no way to test the validity of that order before it became moot.

In addressing another aspect of constructive contempt, we have held that due process requires both a written judgment of contempt and a written order of commitment, although the trial court may cause a contemnor to be detained for a short reasonable time while the judgment of contempt and an order of commitment are prepared for the court's signature. Ex Parte Barnett, 600 S.W.2d 252, 254 (Tex.1980). We are unwilling to extend that "grace period" to the instant situation, however, or to hold as a matter of law that the delay here was reasonable. There is nothing in the record to indicate that the delay in reducing the permanent injunction to writing was necessary, and its reasonableness should not be presumed. Nor can the contempt judgment be alternatively based on the temporary restraining order. See Ex Parte Gordon, 584 S.W.2d 686 (Tex.1979). For the reasons set out above, we hold that Price could not be held in contempt of the oral order dated May 2, 1986. Accordingly, relator is ordered discharged.

SPEARS, J., concurs with opinion.

GONZALEZ, J., concurs with opinion joined by KILGARLIN, J.

MAUZY, J., concurs with opinion.

SPEARS, Justice, concurring.

I concur for the same reason I concurred in Ex Parte Wilkins, 665 S.W.2d 760, 761 (Tex.1984) (Spears, J., concurring). I disagree with the majority's holding that an oral order which is reduced to writing within a reasonable time can never satisfy the requirements of Ex Parte Slavin, 412 S.W.2d 43, 44 (Tex.1967).

Ex Parte Padron, 565 S.W.2d 921, 924 (Tex.1978) established that one who is committed to jail for civil contempt should be able to find somewhere in the record the written order. That requirement was met in this case because the trial court's oral permanent injunction was eventually reduced to writing. The relator was held in contempt for his actions during the "window" period between the time the oral order was handed down and reduced to writing.

The majority adds an inflexible requirement to Ex Parte Slavin by holding that conduct which occurs during this "window" period can never be punished with contempt. This added requirement is unrealistic. In the busy courtrooms of this state, direct, explicit orders are frequently announced from the bench, with the formal written orders to be prepared by the attorneys or the court shortly thereafter. Oral orders, which are specific enough to give proper notice under Ex Parte Slavin, 412 S.W.2d at 44, should be obeyed by the parties and must be enforceable by contempt proceedings. The majority's creation of this "window" period allows parties to violate otherwise valid court orders with impunity. As I stated in Ex Parte Wilkins, 665 S.W.2d at 761 (Spears, J., concurring), this "window" can have disastrous consequences, particularly in family law proceedings.

I would hold that oral orders must be reduced to writing within a reasonable time under Ex Parte Padron, and must satisfy the notice and specificity requirements of Ex Parte Slavin. I would further hold that when an unambiguous, specific oral order is preserved in the record, and the party charged with contempt had actual notice of the order, the court can enforce it by contempt proceedings for a reasonable time until a written order can be signed. Ex Parte Wilkins, 665 S.W.2d at 762 (Spears, J., concurring).

Price had actual notice of the terms of the permanent injunction during the "window" period because the trial court merely continued the provisions of a prior written temporary restraining order. Additionally, seven days was not an unreasonable time to elapse before reducing an oral permanent injunction to writing in this case.

I concur in the result of this cause because the permanent injunction does not satisfy the notice and specificity requirements of Ex Parte Slavin, 412 S.W.2d at 44. The court order upon which an order of contempt is based must spell out the details of compliance in clear, specific and unambiguous terms so that a person will readily know exactly what duties or obligations are imposed on him. Id. A violation of a vague and uncertain court order cannot be punished by contempt. Ex Parte Reese, 701 S.W.2d 840, 842 (Tex.1986).

The section of the permanent injunction which was allegedly violated by Price provided that Price, the Progressive Voters League, and a number of other individuals...