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Justices: Woman who had co-worker committed not in contempt of court

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A Clark Circuit judge lacked statutory authority to find a nurse in indirect civil contempt for completing an application for emergency detention of her co-worker, the Indiana Supreme Court ruled Tuesday.

Sara Townsend and A.S. worked as nurses in a hospital in Louisville. Townsend completed the emergency detention application, alleging that A.S. was mentally ill and dangerous or gravely disabled, claiming that she threatened suicide. A warrant was issued and A.S. was detained for emergency treatment, but released the next day after doctors at the hospital determined there was no reason to continue keeping her.

Judge Daniel Moore ordered Townsend to appear to show cause why she shouldn’t be held in contempt for making false and inaccurate statements. She tried to have the issue dismissed, but Moore denied it and found her in indirect civil contempt. He ordered her to pay the hospital bill A.S. incurred, fined her $500, ordered her to pay $1,000 in A.S.’s attorney fees, and to write apology letters to A.S. and the treating hospital.

But Townsend’s conduct did not rise to meet indirect contempt pursuant to I.C. 34-47-3-2, the justices held in In re Mental Health Actions for A.S., Sara Townsend, 10S01-1402-MH-113.  

“The factual basis for the trial court’s finding of contempt was that Townsend made false statements in the application for emergency detention, and that those false statements were used as the basis for the warrant issued to detain A.S. But the plain import of the statutory language is that the contemptuous misconduct is in the resisting, hindering, or delaying in execution of an existing process or previously issued court order,” Justice Steven David wrote. “And here, as Townsend argues, there was no such lawful process or court order in place when she acted — rather, her actions initiated the lawful process or court order. It is axiomatic that she could not resist, hinder, or delay the execution of something that did not yet exist. Thus, the trial court acted outside of its statutory authority in finding Townsend in indirect contempt and its judgment to that effect is reversed.”

And without a basis to find the party in contempt, the trial court does not have the inherent power to impose sanctions.

The justices found Townsend’s role not much different than that of one who calls 911 to report a person on the street is acting dangerously.

“A trial court cannot simply otherwise hale a citizen into court and sanction him or her. The inherent power of the judiciary to impose sanctions, while flexible and significant, begins and ends with the courtroom and the judicial process. Thus, because we conclude that the trial court here lacked authority for its contempt finding, and because Townsend otherwise committed no misconduct once the legal proceedings were initiated, she is outside the trial court’s inherent power to impose sanctions,” David wrote.
 

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  1. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

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  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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