Contempt Of Former Judge Affirmed

The Tennessee Court of Appeals has affirmed a contempt citation of an attorney (and former judge) for statements made on behalf of a pro se litigant after the matter was postponed due to lack of notice to the opposing counsel and part.

The attorney addressed the court and asked that the case be dismissed.

The transcript

MR. BROWN: If it pleases the tribunal, I will file a Petition for Habeas Corpus and close this place down like I did before if you make her come back here one more time.

THE COURT: Mr. Brown, you are very close to finding yourself in contempt.

MR. BROWN: Excuse me, on what authority do you sit by the way?

As a former judge here, we have a rule in the Thirtieth Judicial District. It says every single Magistrate Referee has to be unanimously approved by every Circuit, Chancery, and Criminal Court Judge. I don‟t recall that your name‟s ever been submitted, sir.

This tribunal on a General Sessions Court‟s authority is insufficient to establish you. Therefore I challenge your authority to hear it.

And by the way, what is that, Magistrate, sir, with due respect.

THE COURT: Mr. Brown, the Court finds you in contempt.

MR. BROWN: Here‟s ten dollars. That‟s all you‟ve got on me.

THE COURT: I sentence you to twenty-four day — for twenty-four hours in the Shelby County jail.

MR. BROWN: You‟re out of it. The maximum—

THE COURT: You may have a seat.

MR. BROWN: I‟m not. Ten dollars. That‟s all you‟ve got. Twenty. Take the two.

THE COURT: Get the bailiffs.

MR. BROWN: Go find the law or I‟m reporting you to the Court of Judiciary. I‟ll have you charged with violation of process. Now you want to get into this, let‟s get into it. This sorry operation needs to stop.

THE COURT: Twenty-four hours in the Shelby County jail for contempt. You may have a seat.

MR. BROWN: Excuse me.

THE COURT: Do you wish to have another twenty-four hours?

MR. BROWN: If you try to do this you need to straighten yourself up and you cite your authority.

THE COURT: Do you wish to have a second day, Mr. Brown?

MR. BROWN: What did you say?

THE COURT: Do you wish to have a second day?

MR. BROWN: A second date?

THE COURT: Day.

MR. BROWN: Day?

THE COURT: Yes, sir.

MR. BROWN: I tell you what. You cite the authority. You find it. I looked it up before I came in here. You have ten dollars maximum contempt jurisdiction. Now you jump in here.

THE COURT: That‟s two days in the Shelby County jail. Do you wish to continue?

MR. BROWN: Okay. Okay, I‟ll tell you what. I‟ll be out of here very shortly on a Petition for Habeas Corpus, and I‟ll bring up all these problems, and guess what, you might not be operating tomorrow.

THE COURT: Have a seat, Sir.

MR. BROWN: Okay, as a courtesy to the officers, I‟ll do that. Mmm-huh.

THE COURT: Alright.

MR. BROWN: It‟s a circus, sir.

THE COURT: That‟s three days.

MR. BROWN: You can do all you want.

THE COURT: Four days.

MR. BROWN: You don‟t have the jurisdiction I had to do it. You‟ve got to be up above a trial judge. You‟ve got ten dollars.

THE COURT: Five days.

MR. BROWN: I offered you ten dollars.

The summary criminal contempt was affirmed.

ABA Journal reports that the contemnor is a former TV judge. (Mike Frisch)