GA: Supreme Court reverses pd’s contempt conviction

Former public defender Sherri Jefferson’s conviction and sentence of 30 days’ imprisonment was reversed by Georgia’s Supreme Court in a decision published yesterday.

Supreme Court Presiding Justice Carol Hunstein, writing for the court’s majority, said the old standard that Georgia judges had been given by the court to consider contempt had resulted in too many inconsistent decisions.

“Thus, because vigorous advocacy is essential not only to the preservation of individual rights but also to the integrity of the judicial system whose truthseeking process is sought to be protected through the exercise of the contempt power, courts must be judicious in their approach to adjudicating contempt,” Hunstein wrote. “In considering whether to hold an attorney in contempt, the court should always assess whether there are other correctives sufficient to address the problematic conduct in question.”

Still, contempt cases are rare, according to Stephen Jolly, Brunswick district attorney. No one prosecuted Jefferson, though Jolly participated in the appeals, arguing against her. But he said the old standard was fuzzy from his point of view. “We were a little frustrated ourselves in the vagueness of the contempt standard,” he said, adding that most lawyers are well-behaved but do appreciate knowing what the boundaries are as they are standing up for their case.

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