P. J. CARROLL, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the attorney was not properly warned before being held in contempt, but the mistrial was appropriate.
[1] A trial court's inherent power to punish for contempt must be exercised cautiously and sparingly.
[2] A direct criminal contempt conviction will be reversed if the attorney was not cautioned or warned by the trial judge that continued improper questioning would result in…
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Join FLexlaw to unlock all legal intelligenceAn attorney, representing defendants in a personal injury action, asked improper questions during jury voir dire, leading the judge to declare a mistr…
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PER CURIAM.
Appellant, P. J. Carroll, Esq., seeks reversal of a judgment of direct criminal contempt and fine of $25.
The Sheraton Beach Resort and its liability insurer, Consolidated Mutual Insurance Company, were named as defendants in a personal injury action and retained Mr. Carroll to represent them. At trial voir dire of the jury began and after questioning by the trial court and the plaintiffs’ attorney, Mr. Carroll commenced to ask the jurors such questions as whether they wanted to sock it to the insurance company and whether they had dealings with people who were trying to get money to which they were not entitled. Plaintiffs’ objections to these inquiries were sustained. Finally, Mr. Carroll asked one juror whether she wore glasses and whether she was a tripper or faller. At that point the trial judge stopped the voir dire examination and ordered Mr. Carroll and plaintiffs’ counsel to his chambers where he asked Mr. Carroll if he could show cause why he should not be held in contempt of court. Mr. Carroll responded that he did not think his questions were improper. Thereupon, the judge found Mr. Carroll in contempt, fined him $25 and declared a mistrial with taxable costs to be assessed against the defendants.
Although a trial court possesses the inherent power to punish for contempt, this power should be exercised cautiously and sparingly. Olds v. State, Fla.App.1974, 302 So. 2d 787.
We find that during appellant’s voir dire of the jury he was not cautioned or warned by the trial judge that if he continued with the same manner of questioning he would be cited for criminal contempt. See Kleinfeld v. State, Fla.App. 1972, 270 So. 2d 22. Thus, we reverse that part of the judgment finding appellant to be in contempt. We point out, however, that the trial judge, in the exercise of his discretion and control over the voir dire examination of the jury, did not err in terminating the proceedings as a result of appellant’s conduct and affirm that portion of the judgment granting a mistrial and assessing costs.
Affirmed in part and reversed in part.
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Krueger v. State, 351 So. 2d 47 (Fla. 3d DCA 1977)…with a presumption of correctness. Belote v. Slye, 206 So. 2d 276 (Fla.1st DCA 1968). On the other hand, we are mindful of the admonition that the power to punish for criminal contempt should be exercised cautiously and sparingly. Carroll v. State, 327 So. 2d 881 (Fla.3d DCA 1976). It is not to be used to avenge personal affronts, but to punish assaults or aspersions upon the authority and dignity of a court or judge. Ex parte Earman, 85 Fla. 297, 95 So. 755 (1923). “[I]f the matter complained of as constit…
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RAY v. State of Fla. & the Honorable J. Robert Durden, 352 So. 2d 110 (Fla. 1st DCA 1977)…administration of justice, or which is calculated to lessen its authority or its dignity. Ex parte Crews, 127 Fla. 381, 173 So. 275 (Fla.1937). The power to punish for criminal contempt should be exercised cautiously and sparingly. Carroll v. State, 327 So. 2d 881 (Fla.3d DCA 1976). It should not be used to avenge personal affronts but to punish assaults or aspersions upon the authority and dignity of the court. Ex parte Earman, 85 Fla. 297, 95 So. 755 (Fla.1923). As stated in Ex parte Biggers, 85 Fla. 322, 9…
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Carnival Corp. v. Beverly, 744 So. 2d 489 (Fla. 1st DCA 1999)…ase to cross-examine on the subject, the trial court did not caution or warn Mase that he would be cited for contempt if he continued to question witnesses about alleged changes in their testimony after conferring with counsel. See Carroll v. State, 327 So. 2d 881, 882 (Fla. 3d DCA 1976). Thus, we find that the trial court did not issue a clear and unambiguous order or otherwise make Mase aware of the court’s directions regarding trial conduct and did not provide Mase with an opportunity to show cause why he…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Kleinfeld v. State, 270 So. 2d 22 (Fla. 3d DCA 1972)
- Warner S. Olds v. State, 302 So. 2d 787 (Fla. 4th DCA 1974)