White v. State

• Decision Date: 16 March 1962
• Docket Number: 2,Nos. 1,No. 39142,3,39142,s. 1
• Citation: 105 Ga.App. 616,125 S.E.2d 239
• Parties: Houston WHITE v. STATE of Georgia, etc
• Court: Georgia Court of Appeals

Page 239

125 S.E.2d 239

105 Ga.App. 616

Houston WHITE v. STATE of Georgia, etc.

No. 39142.

Court of Appeals of Georgia, Division Nos. 1, 2, 3.

March 16, 1962.

Rehearing Denied March 29, 1962.

Syllabus by the Court

The trial court did not abuse its discretion in holding that the defendant had committed a direct contempt in the presence of the court, and such adjudication was not erroneous for any reasons assigned.

Houston White, an attorney, was adjudged in contempt of court by Judge Luther Alverson of the Fulton Superior Court, in an order dated May 5, 1960. This action arose out of a child custody hearing in Fulton Superior Court. The Supreme Court of Georgia later ruled that, since Fulton Superior Court had voluntarily relinquished jurisdiction in this particular case to the Fulton Juvenile Court, it was thereafter without jurisdiction in the matter. Slater v. Slater, 216 Ga. 242, 115 S.E. 2d 353.

The order of May 5, 1960, adjudging Mr. White in contempt reads as follows:

'MRS. NORMA JANE DODD SLATER

v.

'ROBERT LEE SLATER, III, ROBERT L. SLATER, JR., AND MRS.

ROBERT L. SLATER, JR.

NO. A-65888

FULTON SUPERIOR COURT

'RULE FOR CONTEMPT

In the case of Mrs. Norma Jane Dodd Slater versus Robert Lee Slater, III, Case Number A-65888, Fulton Superior Court, having been heard from time to time since March 29, 1960, unto April 15, 1960, and again continued, it having been postponed on three or four occasions because of the illness of counsel for defendant, Mr. Houston White, who appeared through this case on behalf of defendant, made highly disrespectful and contemptuous remarks unto said Court in a discourteous manner, impugning the integrity of this Court, reflecting upon its dignity, and impeding the orderly administration of justice, whereupon this Court gave said attorney ample opportunity, on three occasions, to apologize to this Court for his contamcious [sic] attitude, conduct, and language, and said attorney refused to do so, whereupon this Court found him in contempt, fining him $200.00 or ten days in jail, said sentence to be executed upon said attorney's recuperation from his illness and resumption of this case.

'While this Court shows that the general demeanor and attitude of said Mr. Houston White tinged on the improper throughout the trial, the acts specified as contemptuous are as shown by the following:

'MR. WHITE: That legal position, I most respectfully say to you is not sound.

'THE COURT: Well, Mr. White, the Supreme Court of the State of Georgia can correct any mistake that I make and I think it is up to them to correct me instead of you correcting me.

'MR. WHITE: Do you mind if I take those positions?

'THE COURT: I don't mind your taking positions.

'MR. WHITE: Well, I have tried to say it most respectfully.

'THE COURT: Well, you said it most respectfully but I don't think the word exactly indicates the actions.

'MR. WHITE: Well, regardless of the INNERMOST THINKING, SIR, OUTSIDE I HAVE TRIED TO MAINTAIN respect for this Court, Sir, * * * (Emphasis supplied.)

* * *

* * *

'MR. WHITE: * * * Most everything I say I mean to be in a contention please, sir, I am not saying to you flatly so that YOU WILL GET YOUR DANDER UP about me making statements. (Emphasis supplied.)

* * *

* * * 'MR. WHITE: Now you have put in your order provisions that make me do law work for the next two weeks to try to get them out of that order, which I am going to do.

'THE COURT: Well, that is it, Mr. White, even though you contend you have been sick for the last two or three weeks I have had ten or twelve page motions filed by you in Court in this matter along with other matters. * * *

'MR. WHITE: WELL, KNOWING if i was ever in default in the slightest you would give me the works, so i just try to do MY BEST TO BE READY.

'THE COURT: Would you like to apologize to the Court for that statement?

'MR. WHITE: WHEN I SAID GIVE ME THE WORKS, REPRIMAND ME LIKE YOU HAVE BEEN DOING SO CONSTANTLY IN THIS CASE.

'THE COURT: I ASKED YOU, MR. WHITE, IF YOU WOULD LIKE TO APOLOGIZE FOR THE STATEMENT YOU MADE TO THE COURT?

'MR. WHITE: I SAID IF FELT----

'THE COURT: THEN I TAKE IT YOU DO NOT WISH TO APOLOGIZE, IS THAT RIGHT?

'MR. WHITE: YOUR HONOR, WHAT I SAID WAS TRUE, SIR, I AM JUST AS SORRY AS I CAN BE, I SAID THIS TO YOUR HONOR, THAT I HAVE TRIED TO EVEN DO MY WORK OVER THE TELEPHONE TO TRY TO GET READY WITH THINGS, THAT I KNEW THAT IF I WASN'T READY THAT I BELIEVE I WOULD BE GIVEN A REPRIMAND BY YOU * * *.

'THE COURT: MR. WHITE, I WILL LET YOU PAY A FINE OF TWO HUNDRED DOLLARS OR SPEND TEN DAYS IN JAIL AFTER YOU RECUPERATE FROM YOUR PRESENT ILLNESS * * * (Emphasis supplied.)

'MR. WHITE: Now the fact that you may not like, judge what I have done and said to you, please, sir, don't let that affect you, please, sir.

'THE COURT: Mr. White, let me say this to you, this Court has admired you over a long number of years. I don't think there is a more brilliant lawyer in the City of Atlanta than you. I have the greatest admiration and respect for you, and I can not understand why you would say what you did to this Court this morning. Since I have been on this bench I have tried to show you every courtesy. I have tried to give you full and complete hearings. I just finished a case a week or so ago that took two weeks to try, and I tried to give you a very patient and very attentative hearing. I have tried to do so since I have been on this bench in every case you had before me, and there is nothing personal as far as this Court is concerned in any way between you and me. I admire you, I have respect for you, and I am just surprised that a lawyer of your intelligence and with your ability would state what you have to this Court in open Court here this morning and not apologize for it.

'MR. WHITE: Now coming to what you have just said a minute ago. We had a jury trial in a long case for a couple of weeks, then I tried to get the Settelmayer case tried----

'THE COURT: And I was kind enough to put that case down so I could hear it.

'MR. WHITE: That is right, limiting us to four hours argument, a much bigger case than the one we have got now. And yet when we come into this custody case where we are now, Mr. Wilson Brooks, representing the other side in the case, you have given any amount of time--no limit on anything. Yet the only reason the Settelmayer case came to you----

'THE COURT: I don't think Mr. Brooks has taken more than an hour in the presentation of evidence and argument in the case, all the rest has been your argument and your motions and your testimony. I actually do not think----

'MR. WHITE: I am quite satisfied that is not quite true, sir, Judge.

'THEREFORE, it is hereby now ordered, in open Court, upon the resumption of the above case, Mr. Houston White being present, that Mr. Houston White pay the sum of Two Hundred Dollars in cash to the Honorable Ralph Grimes, the Sheriff of Fulton County, or his lawful deputy, as a fine for the aforesaid contemptuous conduct, and in the event Mr. Houston White fails to pay this sum, the Honorable Ralph Grimes is hereby directed to incarcerate the said Mr. Houston White in the common jail of this County instanter, there to remain for a period of ten days from this date.

'AND IT IS SO ORDERED.

'This the 5th day of May, 1960.

'Luther Alverson

'LUTHER ALVERSON

'JUDGE, SUPERIOR COURT

'ATLANTA JUDICIAL CIRCUIT'

Mr. White, on June 6, 1960, filed several motions in the nature of general and special demurrers to strike the rule for contempt. On June 13, 1960, the Court passed an order changing the caption of the rule for contempt to 'The State of Georgia v. Houston White' from the styling as shown on the original order of contempt and ordering said caption, and the order, to be entered on the docket nunc pro tunc. Also on June 13, 1960, the Court passed an order which recited that no appeal from the order of May 5, 1960 had been filed and that the time for exception to same had expired, ordering the Sheriff of Fulton County to incarcerate the said Houston White in jail for 10 days, or until such time that he pays the fine in the amount of $200.

The sheriff executed this order and White was placed in jail where he was held until approximately 4:30 p. m. on June 13, 1960. He was released at that time when a judge of this court granted a supersedeas in the matter. Thereafter, White filed a motion for a jury trial and other motions and exceptions to the order of June 13, 1960, and renewed all previous motions made in said case.

A hearing was held by Judge Alverson on June 30 and July 1, at which time the Court amended its order of June 13, relating to changing the title of the case. No further ruling was made on the various pleadings and motions filed by White, and on August 3, 1960, the Court passed the following order:

'STATE OF GEORGIA

CASE NO. 5

V.

'HOUSTON WHITE

FULTON SUPERIOR COURT

'ORDER

'The within and foregoing case having come on regularly for hearing on Defendant's various pleas, and during the course of said argument it developed that counsel was of the opinion that he had apologized immediately thereafter for the statements made which formed the bases of this contempt matter, and read from the transcript the portions which he contended to be an apology, and further counsel stated that if the Court deemed his conduct contumacious, he in fact apologized, and further focused this Court's attention on his illness on the day in question, and under these and other circumstances in this case, it appears that the raisin d'etre for this contempt citation--the preservation of the dignity, respect and authority of this Court--has been resolved;

'IT IS HEREBY CONSIDERED, ORDERED, AND ADJUDGED that the contempt order passed by this Court against Houston White on May 5, 1960 be, and it is hereby vacated and set aside.

'AND IT IS SO ORDERED.

'This the 3rd day of August, 1960.

'/s/ Luther Alverson

'LUTHER ALVERSON

'JUDGE, SUPERIOR COURT

'ATLANTA...