Do It!

The Arkansas Supreme Court affirmed a contempt imposed on an attorney

On July 8, 2022, Benton County District Judge Chris Griffin, who sat in the capacity of a circuit judge pursuant to Administrative Order No. 18, presided over Arkansas Rule of Criminal Procedure 8.1 hearings involving felony first appearances in a Benton County jail courtroom. Comstock, a lawyer, arrived to observe the Rule 8.1 hearings. A glass window separated the courtroom area from the public-viewing area. According to Comstock’s pleading, he was sitting “behind [the] glass window where he could see—but could not hear—the proceedings.” Comstock stated that the sound system for the public-viewing area was either malfunctioning or was not turned on, so he could not hear the proceedings. Comstock admitted that he “attempted to make Judge Griffin aware of the violation of the constitutional guarantees of open court proceedings at a level of voice calibrated to get the judge’s attention.” Judge Griffin advised Comstock that he “had no control over the sound system” and that he “should take it up with the Sheriff’s office.”

During a break in the Rule 8.1 proceedings, Judge Griffin asked Comstock to come inside the courtroom. They engaged in a conversation about whether Comstock had a right to hear the proceedings. Specifically, Judge Griffin submitted a statement recounting the following:

When Mr. Comstock was brought into the courtroom[,] I said to him[,] “Jon, this isn’t the Jon Comstock show, it’s bond hearings and if you can’t act appropriately, you can leave. [Comstock] then said angrily, “What does that mean?” I explained that I don’t control the jail[’]s IT department and, as I began to explain his behavior and the issues I listed above, he became louder and louder as he explained how “rights were being violated,” and how he had a “right to participate.” He continued to loudly speak “over” me while this occurred. I tried to explain again that he was not there to “participate” as he didn’t have any clients but he, quite loudly, cut me off and said “you invited me here!” I told him sternly that I did not invite him there, that it was open to the public but only for observation. I then began to start my explanation of the above items again but he again interrupted me speaking loudly. I raised my voice and told him it was “time to go.” I believe I motioned to the door. He refused to leave. He continued to speak over me and I said “leave now.” He refused to leave. I then explained that this was a court proceeding and I would hold him in contempt and it would be in a Circuit Capacity (due to Supreme Court Orders. A.O. 4 and A.O. 18(6)(c)) and he’d be stuck there. He then motioned towards me, shook his hands, and even more loudly exclaimed “Do it!”

I then held him in Direct Contempt and sentenced him to 5 days in Benton County Jail. The Deputies took custody of him and, although he initially resisted the deputies, he ultimately cooperated and was taken into custody. [That day,] I later filed the Contempt Order and suspended 4 ½ days of the 5 days he was sentenced to initially. He ultimately served 12 hours in the Benton County Jail.

The attorney appelaed the contempt

Here, Comstock’s recitation of the facts in his motion, the statements from Judge Griffin, and the narratives of the two court deputies provide substantial evidence to support the circuit court’s direct criminal-contempt finding. Comstock committed in the presence of the circuit court the egregious conduct of disrupting the Rule 8.1 proceedings, interrupting Judge Griffin, repeatedly refusing to leave when asked, and yelling “DO IT!” when told that he could be held in contempt. Under its inherent power to punish Comstock for his contemptuous behavior, the circuit court clearly found Comstock guilty of direct criminal contempt and immediately sentenced him.

…viewing this record in the light most favorable to the circuit court’s decision, we hold that substantial evidence supports the circuit court’s order finding Comstock in direct criminal contempt. Because we affirm the circuit court’s finding, we decline to reach Comstock’s recusal argument.

CODY HILAND, Justice, concurring in part and dissenting in part.

Based on Judge Griffin’s written order, this court cannot determine what “direct orders were given” or how Comstock “willfully refused to comply.” We, likewise, cannot assess whether Comstock’s actions interfered with the court’s business or determine the ways in which Comstock disobeyed the court’s orders. While it is true that a much more detailed statement from Judge Griffin is attached to a pleading submitted by the State, it is not an affidavit, and the statement is not sworn or verified. The same can be said regarding the hearsay statements submitted by both Deputy Deppner and Deputy Wilke––statements given by witnesses whom Comstock had no opportunity to confront or cross-examine. In his brief, Comstock states that he “disputes a substantial portion of Judge Griffin’s rendition” of the facts. This court is not a fact-finder. Because Comstock’s recitation of the relevant events is not presently before us, ending the analysis here without affording Comstock the opportunity to create a record effectively deprives him of due process and his right to appeal.

Arkansas Times reported on the incident

Comstock, a former circuit judge and twice an unsuccessful Democratic candidate for the legislature, has been active in the Arkansas Justice Reform Coalition. He’s joined in its criticism of a proposed Benton County jail expansion and the absence of public defenders for people appearing in district court for bond hearings.

According to accounts of others, Griffin found Comstock in contempt of court for repeatedly objecting to being seated behind glass where he couldn’t hear the bond proceedings, though he’d given advance notice he planned to attend. Griffin sentenced him to five days in jail, with all about 12 hours suspended. He was to be released about 7:30 p.m. today.

(Mike Frisch)