I'm charged with Contempt of Court?!!

[dllforme]

What is the name of your state?What is the name of your state? Indiana

My landlord is terrible: (Please see the following newspaper articles)

http://www.reporter.net/story.asp?id=1518
http://www.reporter.net/story.asp?id=1551
http://www.reporter.net/story.asp?id=1574
http://www.reporter.net/story.asp?id=1611
http://www.reporter.net/story.asp?id=1616
(Please see the TV articles)
http://www.wishtv.com/Global/story.asp?s=1912325
http://www.wishtv.com/Global/story.asp?s=1918109
http://www.wishtv.com/Global/story.asp?s=1949494

After all this, the landlord has never paid the fine to
the city and never posted the performance bond. I live on the second story and the landlord removed my exterior fire egress stairs. (They were rotting and had partially collapsed) I still have use of a set of interior stairs, but fire code requires an exterior exit. THe landloard has not put the stairs back and the city has ordered hom to do so on several occasions. The morning of yet another court date (2-14-05) I called the judge and left a message. In the message I said that the "Landlord was playing you like a fiddle and he and the other landlords in the city know that they can get away with anything b/c there is no enforcement." THE NEXT DAY I GOT A SUMMONS FOR CONTEMPT OF COURT!! HOw is that phone message contempt? It is not a violation of an order and I didn't tell the judge that in open court? Isn't that free speech? I didn't threaten the judge or the court with anything, I simply voiced my displeasure for the judge giving the landlord so many chances to do what is right w/o any results. If anyone is in contempt it is the Landlord. I have to appear on (2-28-05) If there are any lawyers browsing please give me some advice.

 

[christine1973]

reply

i'm not an attorney but my advice would be to hire one. if you can't afford an attorney, just be appologetic and explain your frustration. telling a judge that he is being "played like a fiddle" probably wasn't a good idea.

 

[badapple40]

First of all, was the underlying case over and done with by the time you called the judge?

Is this in front of the same judge who you called? If so, that is unconstitutional. Mayberry v. Pennsylvania, 400 U.S. 455; 91 S. Ct. 499; 27 L. Ed. 2d 532 (1971)

Fair comment or criticism is allowed and permissible, and your conduct is arguably protected under the first amendment. Pennekamp v. Florida, 328 U.S. 331 (1946); Bridges v. California, 314 U.S. 252; 62 S. Ct. 190; 86 L. Ed. 192 (1941)


Nixon v. State, No. 26236, Supreme Court of Indiana, 207 Ind. 426; 193 N.E. 591; 1935 Ind. LEXIS 157; 97 A.L.R. 894, January 8, 1935
OVERVIEW: A newspaper editor was not guilty of indirect contempt for a series of articles in which he criticized the appointment of a receiver for a bank as the result of collusion and political influence because the case was over by the time of publication.



§ 22-6-1-10. Contempt of court -- Public trial by jury -- Exceptions
In all cases arising under this chapter in which a person shall be charged with contempt in a court of the state of Indiana (as defined in this chapter), the accused shall enjoy the right to a speedy and public trial by an impartial jury of the state and county wherein the contempt shall have been committed; provided, that this right shall not apply to contempts committed in the presence of the court or so near thereto as to interfere directly with the administration of justice or to apply to the misbehavior, misconduct, or disobedience of any officer of the court in respect to the writs, orders, or process of the court.


§ 22-6-1-11. Contempt proceedings -- Change of judge
The defendant in any proceeding for contempt of court may file with the court a demand for the retirement of the judge sitting in the proceeding, if the contempt arises from an attack upon the character or conduct of such judge and if the attack occurred elsewhere than in the presence of the court or so near thereto as to interfere directly with the administration of justice. Upon the filing of any such demand the judge shall thereupon proceed no further, but another judge shall be designated in the same manner as is provided by law. The demand shall be filed prior to the hearing in the contempt proceeding.

My advice: get a different judge, demand a jury trial, file a motion to dismiss on First Amendment grounds, and get ready to be found guilty.

 

[dllforme]

Thanks Badapple40!

Your advise is just what I was looking for. The case was not over at the time the message was left. There was actually a hearing later that day. The landlord was again ordered to put the stairs back in that hearing. Yes the summons implied that I was to be in front of the same judge that I left my message with. I researched contempt in the Indiana code, and I couldn't find where I could be in direct contempt. There may be a chance with indirect contempt by false or innacurate reporting, but it wasn't a public message and I haven't called the local paper ... yet. Also, my summons did not contain this:

IC 34-47-3-5
Service of rule upon defendant; procedure
Sec. 5. (a) In all cases of indirect contempts, the person charged with indirect contempt is entitled:
(1) before answering the charge; or
(2) being punished for the contempt;
to be served with a rule of the court against which the contempt was alleged to have been committed.
(b) The rule to show cause must:
(1) clearly and distinctly set forth the facts that are alleged to constitute the contempt;
(2) specify the time and place of the facts with reasonable certainty, as to inform the defendant of the nature and circumstances of the charge against the defendant; and

Again, thank you badapple40 for your research. I will definately be prepared for the hearing.

 

[dllforme]

Motions Filed today!

Per badapple40's suggestions I filed three motions today. In the motion to dismiss I cited the free speech, and the lack of specific charge of contempt in the summons. i also filed motions for change of judge and trial by jury. Given the expense of a trial by jury I hope that will convince them to dismiss alone!

 

[Alias_joe]

without looking into every case cited:
contempt or not-
do NOT have 'ex parte' communications with judges in cases you are involved in.

How would you feel if you knew the other party had talked to the judge without your knowledge?

Think about it.

I had a co-partner write a judge a long whine-letter a few years back. He was lucky- the clerk called him and told him to either trash the letter or drop from the suit.

Want to tell the judge something- do it by way of a motion.

 

[dllforme]

Success!

Well, I had my day in court. The judge said that I was technically correct in my motion to dismiss for the court's failing to include in the summons what act of mine was contemptous, but because I also filed a motion for a new judge based on bias I knew what alleged act was contemptous and my motions were dismissed. The judge gave me a stern lecture about my direct contempt after which the judge said that they knew my frustration and they wished they didn't have to deal with the landlord as well. No fines or "hotel" stays were imposed.

I would like to thank everyone for their input! Lesson learned.