In re Contempt of Donegan

Citations

• 2024 Ohio 840

Syllabus

Contempt procedural due process Sixth Amendment R.C. 2705.03. Trial court erred when it held appellant-attorney in contempt of court for late arrival to the second day of trial where the court never advised parties when to appear on that date, the jury was ordered to return at 12:45 p.m., and counsel arrived at 1:30 p.m., the same time the parties were set to arrive on the first day of trial. Trial court erred when it summarily punished the attorney in contempt when late arrival is an indirect contempt entitling the recipient to the procedural safeguards set out in R.C. 2705.03. Trial court violated defendant-appellant's Sixth Amendment right to counsel when it removed his retained counsel due to perceived issues of competence that were not supported by the record and without giving defendant-appellant notice and an opportunity to be heard.