Wilson v. Com., No. 2185-95-3

• Docket Nº: No. 2185-95-3
• Citation: 23 Va.App. 318, 477 S.E.2d 7
• Case Date: October 15, 1996

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477 S.E.2d 7 23 Va.App. 318 Krystal Ashley WILSON, s/k/a Krystal Ashley Handy Wilson
v.
COMMONWEALTH of Virginia. Record No. 2185-95-3. Court of Appeals of Virginia,
Salem. Oct. 15, 1996.

[23 Va.App. 320] Marc Alan LeBlanc (Law Offices of Moore and Groseclose, on briefs), Pulaski, for appellant.

Eugene Murphy, Assistant Attorney General (James S. Gilmore, III, Attorney General, on brief), for appellee.

Present: BAKER, COLEMAN and ELDER, JJ.

ELDER, Judge.

Krystal Ashley Wilson (appellant), a juvenile, appeals the circuit court's order finding her guilty of criminal contempt for failure to honor a subpoena. Appellant contends that

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(1) the circuit court lacked jurisdiction to convict her, a juvenile, of criminal contempt; (2) the circuit court erred in failing to appoint a guardian ad litem before issuing the subpoena and holding the show cause hearing; and (3) the circuit court erred in sentencing her to jail for criminal contempt. For the following reasons, we affirm the circuit court's order.

I.

FACTS

Darren Wayne Wilson allegedly committed the crime of unlawful carnal knowledge of a child upon appellant, who was [23 Va.App. 321] sixteen years old at the time of the instant proceedings. After Darren Wilson's indictment, but before his trial, Wilson married appellant. The circuit court scheduled a hearing to review the status of the marriage pursuant to Code § 18.2-66 and personally served appellant with a subpoena ordering her to attend the hearing. Appellant failed to attend the hearing.

The circuit court issued a show cause order for appellant to explain why she should not be held in contempt for disobeying the subpoena. The court appointed defense counsel for appellant. At the show cause hearing, appellant's counsel argued that the juvenile and domestic relations district court was the proper forum for the contempt matter and that the circuit court lacked jurisdiction over appellant. Counsel also argued that for any court to obtain jurisdiction over a juvenile defendant or contemnor the court is required to appoint a guardian ad litem for the juvenile. The circuit court rejected appellant's arguments, found appellant guilty of criminal contempt, and imposed a sentence of four days "in the Pulaski County Jail" to be suspended upon the completion of twenty-five hours of community service.

II.

CIRCUIT COURT'S POWER TO PUNISH JUVENILE FOR CRIMINAL CONTEMPT

Appellant's primary argument is a jurisdictional one: she asserts that the circuit court lacked jurisdiction to punish her, a juvenile, for criminal contempt of court. Appellant's argument relies on Code § 16.1-241(A)(1), which states that the juvenile and domestic relations district courts possess exclusive jurisdiction over all matters involving delinquent juveniles. ¹ We hold in this case of first impression that a circuit court possesses the inherent power to punish juveniles for criminal contempt for disobedience to its orders, decrees, and processes.

[23 Va.App. 322] It has long been recognized in Virginia that the power of a court to punish for contempt is "inherent in the nature and constitution of a court." Holt v. Commonwealth, 205 Va. 332, 336-337, 136 S.E.2d 809, 813 (1964), rev'd on other grounds, 381 U.S. 131, 85 S.Ct. 1375, 14 L.Ed.2d 290 (1965); see Carter v. Commonwealth, 2 Va.App. 392, 395, 345 S.E.2d 5, 7 (1986); Nicholas v. Commonwealth, 186 Va. 315, 321, 42 S.E.2d 306, 309 (1947); Carter v. Commonwealth, 96 Va. 791, 32 S.E. 780, 782 (1899); Wells v. Commonwealth, 21 Gratt. (62 Va.) 500, 503 (1871). While the General Assembly may regulate this power, it may do so "only in a way and to an extent not inconsistent with the exercise by the courts, with vigor and efficiency, of those functions which are essential to the discharge of their duties." Nicholas, 186 Va. at 321, 42 S.E.2d at 309 (citing Yoder v. Commonwealth, 107 Va. 823, 829, 57 S.E. 581, 583 (1907)). Specifically, courts must be authorized to exercise their power to punish for contempt "without referring the issues of fact or law to another tribunal...." Nicholas, 186 Va. at 321, 42 S.E.2d at 309. Therefore, the juvenile code will not be construed to require a circuit court seeking to punish a juvenile for contempt of a court's subpoena power to refer the legal or factual issues to a separate juvenile and domestic relations court.

"Punishment for ... contempt is punitive in its nature and is imposed for the purpose of preserving the power and vindicating the

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dignity of the court." Local 333B, United Marine Div. v. Commonwealth, 193 Va. 773, 785, 71 S.E.2d 159, 166, cert. denied, 344 U.S. 893, 73 S.Ct. 212, 97 L.Ed. 690 (1952). "The power to fine and imprison for contempt is incident to every court of record. The courts ex necessitate rei, have the power of protecting the administration of justice, with a promptitude calculated to meet the exigency of the particular case." Board of Supervisors v. Bazile, 195 Va. 739, 746, 80 S.E.2d 566, 571 (1954). "Disobedience to 'any lawful process' is made subject to summary punishment for contempt by Code § 18.2-456(5)." Bellis v....