64858 Precedential Processed

State v. Meyer

Louisiana Supreme Court · Filed June 21, 1979 · 375 So. 2d 372

Also decided on this docket: La., June 29, 1979 372 So. 2d 572

Cited by

Jones v. Jones 793 So. 2d 243 La. Ct. App. 2d Cir. 2001
Richey v. Richey 733 So. 2d 618 La. Ct. App. 3d Cir. 1999
State v. Arceneaux 695 So. 2d 1148 La. Ct. App. 3d Cir. 1997
State v. Clark 624 So. 2d 422 La. 1993
Nungesser v. Nungesser 558 So. 2d 695 La. Ct. App. 1st Cir. 1990
Rhodes v. Rhodes 544 So. 2d 8 La. Ct. App. 1st Cir. 1989
State in Interest of JB 499 So. 2d 611 La. Ct. App. 5th Cir. 1986

Opinion text

375 So.2d 372 (1979) STATE of Louisiana ex rel. v. Joseph MEYER. No. 64858. Supreme Court of Louisiana. June 21, 1979. *373 Writ denied. The attorney's conduct was contumacious behavior toward the judge tending to impair the dignity of the court and respect for his authority. All orders and judgments of courts must be complied with promptly. If a person to whom a court directs an order believes that order is incorrect the remedy is to apply for review, but absent a stay, to comply promptly with the order pending review. Persons who make private determinations of the law and refuse to obey an order risk criminal contempt even if the order is ultimately ruled incorrect. See Maness v. Meyers, 419 U.S. 449 , 95 S.Ct. 584 , 42 L.Ed.2d 574 (1975); 12 A.L.R.2d 1059 . The trial judge has it within his discretion to permit relator to purge himself of contempt by either complying with the court's order or seeking review of that order. DIXON, J., concurs in the denial, because the record discloses that the attorney's conduct was contumacious behavior, showing disrespect for the court's dignity and authority. The lawyer was offered time in which to obtain review of the judge's order, but obstinately refused to take any further steps, leaving the court no recourse. It is not correct to say, however, that "all orders of courts must be complied with," or that a citizen of the United States may not make "private determinations of the law." Contempt is defined by law, and the power of a judge in Louisiana to sentence for contempt is limited by law. La.Const.1974, Art. 5, § 2. Nor should the lawyer, at this late date, be given another opportunity to "purge" himself. He is not guilty of contempt for failure to comply with the probably erroneous order of the trial judge, nor for his failure to seek appropriate relief, but for his insulting refusal in open court to take any steps whatever in response to the order.