Atlanta Criminal Defense Lawyer Gets Reversal of $100 Fine for Missing Court

An Atlanta criminal defense attorney has beaten a $100 fine a Henry County judge levied on him for missing a client's court date.

A panel of the Georgia Court of Appeals on Friday tossed the fine issued to Jackie Patterson. The appeals court said Henry County State Court Judge James Chafin III erred in issuing the fine because the judge had said Patterson's actions were negligent, not willful. To hold a party in contempt, the appeals court said, a court must find that the subject of the contempt order was willfully disobedient.

As recounted in court filings, the fine stemmed from a March 2014 court date at which one of Patterson's clients, charged with driving with a suspended license, was supposed to be arraigned. When Patterson didn't appear, the Henry County judge postponed the arraignment to April 4, 2014. He also set a contempt hearing for Patterson to coincide with his client's new court date.

Patterson appeared at the April 4 hearing with his client, who entered a guilty plea. But Patterson told the judge he didn't know a contempt hearing was to be held on that date—the court had sent a notice of the contempt hearing to an out-of-date address for Patterson—and the judge gave Patterson about a week's continuance for the contempt hearing.

At the contempt hearing, Patterson explained that he had missed his client's initial court date because he inadvertently had calendared it on an electronic device in such a way that it didn't synchronize with the calendar that appears on his cell phone.

"All right, Mr. Patterson," Chafin responded, according to the appeals court decision, "I don't find your conduct to be [willful], ... I find it to be negligent. I fine you $100." He indicated that Patterson was being held in contempt.

Patterson appealed, arguing that the fine was illegal given that the judge had found his actions were not willful. That, argued Patterson, was the equivalent of finding him not guilty, as negligence is not the standard in criminal contempt proceedings.

The prosecutor, Henry County Solicitor General John "Trea" Pipkin III, defended the judge's ruling on appeal. He argued that a state contempt statute does not require a specific finding of a "willful" or "knowing" action on the part of the person to be held in contempt. "Patterson had the absolute professional responsibility to properly insure that he kept up with his obligations to his client and the court by attending scheduled court proceedings," Pipkin wrote. He added that Patterson had exacerbated the disruption of court proceedings by failing to file an entry of appearance with a current address, so he was not prepared to address the contempt issue when it first arose.

Joined by Judges Sara Doyle and Stephen Dillard, Judge M. Yvette Miller wrote the opinion reversing the order against Patterson. Miller cited Georgia case law that said an attorney may be held in criminal contempt for failing to respond to a calendar call. But she also cited case law to the effect that a contempt order must be based on willful disobedience.

"Here, the trial court specifically found that Patterson's failure to appear at the March 13 arraignment was negligent, but not wilful," wrote Miller. "In light of this finding, the trial court erred by holding Patterson in contempt."

Reached on Monday afternoon, Pipkin, the prosecutor, said, "We did our job and the Court of Appeals did theirs."

Patterson on Monday acknowledged that a judge can punish a lawyer for missing a court date. "A judge has the right to hold a lawyer accountable," said Patterson, "but it has to be lawfully accountable." Patterson, who noted he previously served as a part-time judge in various courts around the state, said if the judge had held him in contempt based on a finding of willfulness, "I still would have appealed it, but he would have had a better chance of being affirmed on appeal."

"He did not find my conduct to be willful," Patterson continued, "and that's the problem. There's no such thing as negligent contempt."

The case is In re: Patterson, No. A14A1937.

Jackie Patterson on, "Stand Your Ground". 1064