Reed, In re

• Decision Date: 25 April 1995
• Docket Number: No. 04-95-00104-CV,04-95-00104-CV
• Parties: In re the Honorable Bonnie REED. Ancillary to John Michael OJEDA v. The Honorable Bonnie REED.
• Court: Texas Court of Appeals

Page 604

901 S.W.2d 604

In re the Honorable Bonnie REED.

Ancillary to John Michael OJEDA v. The Honorable Bonnie REED.

No. 04-95-00104-CV.

Court of Appeals of Texas,

San Antonio.

April 25, 1995.

John A. Longoria, Miguel Rodriguez, San Antonio, for appellant.

Kevin M. Warburton, Brad L. Sklencar, Sessions, Sessions, Sklencar & Warburton, L.C., San Antonio, for appellee.

OPINION

Before the Court en banc.

PER CURIAM.

This is a case of contempt stemming from the refusal of a sitting county court at law judge to obey the direct order of a court of appeals.

I. CHRONOLOGY

On February 17, 1995, John Michael Ojeda filed a motion for leave to file a petition for writ of mandamus seeking relief from the trial court's refusal to grant his motion for a legislative continuance pursuant to section 30.003 of the Civil Practice and Remedies Code. On that same date, this court granted leave to file the petition for writ of mandamus, granted Ojeda's motion for immediate temporary relief, and ordered that the proceedings below be stayed.

After being informed that the Honorable Bonnie Reed, who was presiding over the proceedings against Ojeda, had declared our order "moot," this court issued an amended order specifically ordering as follows:

The Honorable Bonnie Reed, Judge of County Court at Law No. 9 of Bexar County, Texas, is hereby ORDERED to IMMEDIATELY CEASE AND DESIST from engaging in any further proceedings in the cause styled The State of Texas v. John Michael Ojeda, cause numbers 569072 and 574180, currently pending in County Court at Law No. 9 of Bexar County, Texas. This order is to be immediately complied with regardless of what stage the proceedings are in and regardless of whether any or all evidence has been introduced. This order is to take effect immediately and shall be in force until further orders of this court.

Judge Reed did not stop the proceedings upon receipt of this order, but proceeded to charge the jury and allow the attorneys to present argument. The jury then deliberated until approximately 7:30 that evening. The following day, Saturday, February 18, the jury resumed its deliberations and returned one verdict of conviction and one verdict of acquittal. Judge Reed then proceeded with the punishment phase, which resulted in the jury's recommendation of probation.

On February 21, 1995, John Michael Ojeda, by and through his attorneys of record, John A. Longoria and Miguel Rodriguez, filed a verified motion to hold the Honorable Bonnie Reed in contempt and a motion for sanctions, alleging that the Honorable Bonnie Reed refused to obey the amended order quoted above and proceeded with the trial in direct violation of that order.

On March 1, 1995, this court ordered the Honorable Bonnie Reed to appear before the Honorable John F. Onion, Jr. ¹ on March 17, 1995, at 9:00 a.m. in the courtroom of the Fourth Court of Appeals, 300 Dolorosa, Suite 3200, San Antonio, Texas to answer a charge of criminal contempt, to-wit: that the Honorable Bonnie Reed did fail to comply with the amended order issued by this court on February 17, 1995 ordering that she immediately cease and desist from engaging in any further proceedings in the case styled The State of Texas v. John Michael Ojeda, cause numbers 569072 and 57418 then proceeding in County Court at Law Number Nine of Bexar County, Texas. Shane Phelps and John Klassen, Assistant Attorneys General of the State of Texas, having been duly appointed by this court ², appeared and presented evidence in support of the motion for contempt. Judge Reed appeared in person and through counsel and presented evidence on her own behalf.

Pursuant to this court's order of March 1, 1995, the Honorable John F. Onion, Jr. filed findings of fact with this court on March 27, 1995. ³ A copy of those findings was provided to counsel for Judge Reed. Two volumes of statement of facts from the March 17, 1995 hearing were filed on March 23 and 27, 1995.

On March 30, 1995, this court ordered that the Honorable Bonnie Reed appear in the courtroom of the Fourth Court of Appeals on the 11th day of April, 1995 at 1:30 p.m., to show cause why she should not be held in contempt of court for failing to immediately cease and desist from engaging in any further proceedings in the cause styled The State of Texas v. John Michael Ojeda, cause numbers 569072 and 574180, then pending in County Court at Law No. 9 of Bexar County, Texas, as ordered by this court in its amended order issued February 17, 1995.

On April 11, 1995, Judge Reed appeared in person and through counsel and announced ready. Assistant Attorneys General Shane Phelps and John Klassen also appeared and announced ready. After examining the evidence and the findings of fact filed by the Honorable John F. Onion, Jr., and after hearing the arguments of counsel, this court found that (1) this court has jurisdiction of the proceeding; (2) the motion for contempt filed herein is in all respects proper and sufficient; (3) the Honorable Bonnie Reed was afforded due and proper notice of the evidentiary hearing before the Honorable John F. Onion, Jr. and of the April 11 hearing before this court; (4) the Honorable John F. Onion, Jr. was duly and properly appointed to perform the duties of a master in hearing the evidence and making findings of fact on behalf of this court; and (5) Assistant Attorneys General Shane Phelps and John Klassen were duly and properly appointed to obtain and present evidence before the Honorable John F. Onion, Jr. and were duly and properly appointed to present argument before this court.

This court adopted in full the findings of fact filed by the Honorable John F. Onion, Jr., which findings of fact were attached to and incorporated into the judgment in their entirety.

This court further found that its amended order dated February 17, 1995 is specific, clear, and unambiguous in its terms and that a reasonable trial judge would have readily understood the amended order to require that all proceedings in the specified cause be stopped immediately upon receipt of the order.

The court further found that Judge Reed was guilty of violating this court's amended order dated February 17, 1995 by failing to stop the proceedings in the cause styled The State of Texas v. John Michael Ojeda, cause numbers 569072 and 574180, and by continuing with those proceedings in disregard of this court's amended order.

The court therefore held Judge Reed in contempt of this court for violation of this court's amended order of February 17, 1995, as quoted above. The court assessed punishment at thirty days confinement and a fine of $500. The court further assessed costs in the amount of $1454 against Judge Reed.

The judgment of contempt entered on April 11, 1995 also contained a commitment order addressed to the Sheriff of Bexar County, Texas. This commitment order was presented to certain deputy sheriffs who duly took Judge Reed into custody. Judge Reed has since been released on a one hundred dollar personal bond pending a decision by the court of criminal appeals regarding whether to grant leave to file her application for writ of habeas corpus. The court of criminal appeals has not issued any stay order directed to this court, however, and this court perceives no jurisdictional bar to releasing this opinion to articulate the reasons behind its rulings on certain motions filed by Judge Reed in this matter as well as the reasons for its finding of contempt.

II. MOTIONS and PROCEDURAL ISSUES

Shortly before the evidentiary hearing of March 17, 1995 commenced, Judge Reed filed a number of motions. ⁴ These motions were denied on March 17, 1995. The court now finds it appropriate to articulate the reasons for those denials.

1. "Motion to Show Authority."

Judge Reed requests that we direct the assistant attorneys general to show their authority to participate as counsel and to direct those attorneys to identify their client and its status prior to acting as counsel.

Section 402.021 of the Texas Government Code authorizes the attorney general to "prosecute and defend all actions in which the state is interested before the supreme court and courts of appeals." TEX.GOV'T CODE ANN. § 402.021 (Vernon 1990). The State's interest in the present matter is apparent: Judge Reed, the judge of a subordinate county court at law, is alleged to be in contempt of a state appellate court. Despite Judge Reed's protestations to the contrary, this matter does not simply involve a dispute between herself and a private litigant. The purpose of our courts is to adjudicate, not merely to advise. Central to the fulfillment of this purpose is that court orders must be obeyed. Judge Reed's refusal to obey the direct order of a superior court threatens the very integrity and continued validity of the State judicial system.

Further, being mindful of the seriousness of charging a sitting judge with contempt, this court determined to make every effort to assure the independent and neutral presentation of the issues. The procedure we adopted was in keeping with the quasi-criminal nature of the contempt proceeding. See Ex parte Sanchez, 703 S.W.2d 955, 957 (Tex.1986) (quasi-criminal nature; conform to criminal procedures). We considered Ojeda's motion for contempt as analogous to a complaint supporting a misdemeanor criminal information. Prosecution of such a complaint is not left to the private citizen, but is the responsibility of the State. We therefore concluded that it would be appropriate that the State, through the Office of the Attorney General, bear responsibility for prosecution of the charge of contempt levied against Judge Reed.

Finally, Judge Reed complains that the involvement of the assistant attorneys general deprives her of the right to confront the party accusing her of contempt. We note that John Longoria, the attorney-legislator who requested the legislative continuance and who filed the motion for contempt, testified at the evidentiary...