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COA reverses contempt finding, but upholds sanctions

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A nurse who made false allegations leading to the detention of a co-worker for mental health reasons will have to pay as ordered toward the woman’s attorney fees even though the Indiana Court of Appeals reversed an indirect civil contempt finding.

In In the Matter of Mental Health Actions for A.S.; Sara Townsend, 10A01-1211-MH-501, Sara Townsend appealed the indirect civil contempt finding imposed by Clark Circuit Judge Daniel Moore for lying on an application for emergency detention at a hospital regarding co-worker A.S. Townsend alleged A.S. said she was having marital problems and wanted to “end it all.”

A.S. was detained based on a signed statement from a physician who did not evaluate her. But when learning of her detention, several people brought to the attention of the judge that they did not believe A.S. should be kept in emergency detention. She was released. After an independent investigation, the trial court held a hearing and found Townsend to be in indirect civil contempt for willfully making false statements to the court through the emergency detention application. The court ordered Townsend to pay A.S.’s uninsured hospital bills resulting from the detention; $500 to the hospital; and $1,000 toward whatever attorney fees A.S. incurred as a result of the contempt hearing.

The Court of Appeals reversed the contempt finding, concluding “that a finding of civil contempt under I.C. § 34-47-3-1 must be premised upon an action that disobeys or in some other way impedes or is inconsistent with an existing court order or action. The detention warrant did not exist at the time Townsend completed the Application. In the absence of a court order or directive, there can be no disobedience thereof, which is the gravamen of a civil-contempt finding.”

This matter should have been pursued as an action for criminal contempt, Judge Ezra Friedlander pointed out. It’s up to the state on remand whether it wants to pursue a charge of direct criminal contempt.

The COA also upheld the order to reimburse A.S. and the hospital because such was a legitimate exercise of the court’s inherent power to impose sanctions.
 

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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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