Johnson v. Superior Court

Connecticut Supreme Court · 2025 · Family Law

Family Lawsummary criminal contemptdue processjudicial recusalcriminal contemptsummary contemptdue processPractice Book § 1-16

Facts

During a virtual habeas trial, the self-represented plaintiff repeatedly refused to follow the court's instructions, interrupted the proceeding, and directed racial slurs and profanities at the judge. The court warned him multiple times, held him in contempt as the misconduct continued, appointed counsel, allowed counsel to confer privately with him, and then heard from both counsel and the plaintiff before sentencing. Counsel said the plaintiff had not taken medication and was having physical and hallucinatory issues, and the plaintiff claimed he was incompetent, but counsel did not request a competency evaluation. The court vacated one contempt count it had not personally heard and sentenced the plaintiff on three counts.

Issue

Whether the trial court violated the plaintiff's federal due process rights by failing to defer the summary criminal contempt proceeding and by failing to require that a different judge preside, including because of alleged personal embroilment and the plaintiff's asserted medical and competency issues.

Rule

A summary criminal contempt proceeding satisfies due process when it substantially complies with Practice Book § 1-16 by giving the alleged contemnor notice of the misconduct at issue and an opportunity to be heard, even if the procedure does not rigidly follow the rule's timing requirements. Under Practice Book § 1-17, deferral is appropriate when the misconduct does not obstruct the orderly administration of justice, the judge has become personally embroiled, the misconduct did not occur in the court's presence, or the judge does not instantly impose summary contempt upon the contumacious act. Personal attacks on a judge alone do not establish personal embroilment; the inquiry also examines the judge's response and whether there was such a likelihood or appearance of bias that impartial adjudication was compromised.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

During a virtual custody hearing in Hartford, self-represented parent Lena Ortiz repeatedly interrupts the judge, ignores directions to stop, and shouts profanity at the bench. The judge immediately says Lena's statements are contemptuous, appoints standby counsel, gives counsel 15 minutes to confer privately with Lena, then hears from both before imposing sentence for contempt.

Did the court most likely satisfy due process for summary criminal contempt?

Explanation. The majority held that summary contempt satisfies due process when the proceeding substantially complies with the rule requiring notice and an opportunity to show acquitting or mitigating circumstances. A court need not rigidly follow literal timing requirements. Here, the judge identified the conduct, secured counsel, allowed consultation, and heard from Lena and counsel before sentencing, which is sufficient.