Memphis Injury Lawyer Blog

Each year the courts in Memphis and all of Tennessee are jammed with persons who seek the advice and aid of trial lawyers. Whether the case goes to trial or not does not lessen the importance of following orders of the Court. While being jailed for contempt of court is not commonplace, it does occur with regularity. For example, a Knoxville woman was recently jailed for her refusal to abide by a Court Order involving parenting time.

As a trial lawyer, it is my ethical duty to always counsel my clients to obey the orders of the Court. Disobedience of these orders is not the way to challenge a ruling that one may find to be improper. From almost any decision, a person can appeal to the next higher court. Many times I have heard judges say that they have made the best decision that they can and that if either party is unhappy, then the displeased person can seek an appeal to the next higher court. However, the story of the woman in Knoxville caused me to consider whether or not Tennesseans really understood all of the consequences of willfully refusing to abide by a judge's decision.

In Tennessee, there are generally two kinds of contempt of court, civil contempt and criminal contempt. The difference between the two can turn on where and how the offensive conduct happened and the type of consequences that are available for the Judge to use. Tennessee Code Annotated, section 29-9-102 defines the breadth of behavior that may be the subject of a perrson being held in contempt:

The power of the several courts to issue attachments, and inflict punishments for
contempts of court, shall not be construed to extend to any except the following cases:

(1) The willful misbehavior of any person in the presence of the court, or so near
thereto as to obstruct the administration of justice.
(2) The willful misbehavior of any of the officers of such courts, in their official transactions.
(3) The willful disobedience or resistance of any officer of the such courts, party,
juror, witness, or any other person, to any lawful writ, process, order, rule, decree,
or command of such courts.
(4) Abuse of, or unlawful interference with, the process or proceedings of the court.
(5) Willfully conversing with jurors in relation to the merits of the cause in the
trial of which they are engaged, or otherwise tampering with them.
(6) Any other act or omission declared a contempt by law.

I think that it fair to say that no one should spit into the wind, or tug on Superman's cape, nor commit any of the above acts. Fortunately, most Judge's in my experience do not want to exercise these powers if they can avoid it. However, it can and does happen. Make sure that it doesn't happen to you, but if this fate should befall you, seek out an attorney who is very familiar with this area of the law as well as the jurisdiction in which the contempt has occurred.