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Hazlehurst Municipal
Court Judge Ken Smith yesterday found
Mayor Bayne Stone guilty of criminal
contempt of court and sentenced him to
the maximum punishment allowed - a $100
fine and 30 days in jail.
The action came following a municipal
court contempt hearing held in a
courtroom at the Jeff Davis County
Courthouse. The hearing was originally
scheduled for the Hazlehurst City Hall
courtroom but Mayor Stone, in defiance of
the judge, ordered that the city
courtroom be locked and for city court
personnel not to appear at the hearing,
actions similar to the ones Stone took on
April 24 that led to the contempt charge
filed by Judge Smith.
Judge Smith learned of Stone's orders
prior to the 10 a.m. scheduled starting
time of the hearing and notified all
subpoenaed witnesses that the hearing
would be held at 10:15 at the county
courthouse.
All those subpoenaed to appear at the
hearing appeared in court with the
exception of Mayor Stone.
Smith announced at the hearing that,
according to Georgia Law, the judge is
authorized to conduct court sessions at
any location within the confines of Jeff
Davis County.
Six witnesses testified at the hearing -
Shirley Campbell with Middle Georgia
Probation, Hazlehurst City Clerk Ethelyn
Creech, Hazlehurst Police Chief Steve
Land, Police Investigator Geoffrey
Parker, Police Lieutenant Larry Allen,
and Mako Jones, who appeared at the April
24 session on another case and testified
Tuesday that there were no police
officers or court personnel at that
meeting.
City Police Commissioner David Stapleton
was also subpoenaed to Tuesday's session
but he was not called to testify.
Judge Smith also called Mayor Stone to
testify but the mayor was not present.
Under questioning from Judge Smith, the
witnesses verified various documents
related to the hearing and testified that
Mayor Stone had ordered that Police Chief
Land and other city court personnel were
not to appear at the April 24 Municipal
Court session.
Shortly after noon yesterday, Judge Smith
filed his order that found Mayor Stone
guilty of criminal contempt of court.
Section 21 of the Hazlehurst City Charter
authorizes the judge to find persons in
contempt of court and authorizes the
punishment. The charter also provides
that the case can be appealed to the city
commissioners.
For that reason, Smith delayed the
imposition of the jail time prescribed in
the sentence until 10 a.m. Friday, May
16, the day following the city
commissioners' May 15 meeting, providing
Mayor Stone with an opportunity to appeal
the court's decision before being jailed.
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IN THE MUNICIPAL COURT FOR THE
CITY OF HAZLEHURST
STATE OF GEORGIA
IN RE: R. BAYNE STONE
Docket #08-CC)!
Filed 12:15 P.M. May 13, 2008
ATTACHMENT FOR CRIMINAL ATTEMPT
The above styled matter was set for
hearing at 10:00 a.m. May 13, 2008 for
the Municipal Courtroom at the City Hall
for the City of Hazlehurst. The Court was
made aware shortly before 10:00 a.m. that
the respondent had ordered the Courtroom
locked to prevent access by the Court.
Thereupon the Court issued a Notice of
Re-scheduling and Location of Court
Hearing which was personally served upon
all witnesses under subpoena and the
respondent prior to or immediately after
10:00 a.m. giving notice that the hearing
would be held in Courtroom #2 of the Jeff
Davis County Courthouse in Hazlehurst,
Georgia at 10:15 a.m. All witnesses
appeared pursuant to the subpoenas and
re-scheduling except the respondent
himself. Upon consideration of the
evidence presented the Court makes the
following
FINDINGS OF FACT
The Respondent did not appear despite
having been personally served with not
only the Citation for Contempt for a
subpoena for his appearance but also with
the Notice of Re-scheduling and Location
of Court Hearing. No communication was
made to the Court by Respondent or on his
behalf to explain his failure to comply
with the subpoena despite the fact that
all other witnesses appeared for said
hearing. Ethelyn Creech testified to the
respondent's receipt of said Notice of
Re-scheduling and Location of Court
Hearing by the respondent as confirmed by
the certificate of service.
The Court heard from six witnesses.
Ethelyn Creech, the City Clerk,
identified Exhibits "A,"
"B," "C" attached to
the Citation for Contempt and introduced
as evidence as true and correct copies of
correspondence with which she was
personally familiar, including knowledge
that the respondent received Exhibits
"B" and "C." She
further testified as to a meeting called
by the respondent this morning wherein he
announced that the City Courtroom would
be locked to prevent the holding of this
hearing.
Shirley Campbell a probation officer
testified that she appeared for Court on
April 24, 2008 as a regularly scheduled
Court date but found no court personnel
present other than the Judge. She
testified that the calendars are created
well in advance of Court and defendants
given notice to appear for such court
dates. She testified that no court
personnel or police officers appeared for
Court.
Marko Jones testified that he was
summoned to appear in City Court on April
24, 2008 on a probation violation and
appeared. He testified that no other
defendant was present and no court
personnel other than the Judge and
probation officer was present. He stated
that he had been to court before but
never had witnessed the absence of court
personnel as he did on April 24th. He had
other personal business to attend to that
day but laid it aside to obey the summons
of the Court.
Larry Allen a police officer testified
that he was not scheduled to appear in
court. He testified that he never had a
conversation with the Mayor about the
court not being held. He stated he was
informed by Chief Land that there would
be no court.
Geoffrey Parker testified that both Chief
Land and Larry Allen told him the Mayor
had told each of them that there would be
no court on April 24, 2008. He did not
appear because of having been so
instructed by Chief Land.
Steve Land, Chief of Police testified
that as of Friday, April 19th he had
intentions of appearing for Court on the
24th; however, he was directed by the
respondent on April 23rd that he was not
to participate in Court and to not allow
any of his officers or staff to perform
their usual and customary duties in the
administration of the Court on its
regularly schedule Court date of April
24th. He was further instructed to stand
out in front of the Courtroom and inform
any one who appeared for court that there
would be no Court held that day. He
obeyed the respondent because of his
position of Mayor and as his supervisor.
He identified Exhibit "D" as
the document he prepared to hand out to
people who appeared for Court in
compliance with the respondent's
instructions to prevent attendance for
Court on the 24th.
CONCLUSIONS OF LAW
"Criminal contempt is that which
involves some disrespectful or
contumacious conduct toward the court.
Contempt of court has been variously
defined: in its broad sense it means
disregard for or disobedience of the
order or command of the court. It is `a
crime in the ordinary sense; it is a
violation of the law, a public wrong
which is punishable by fine or
imprisonment or both.' Bloom v. Illinois,
391 U.S. 194, 201 (88 S. Ct. 1477, 20
LE2d 522) (1968)." Garland v. State,
253 Ga. 789, 790 (1) (325 SE2d 131)
(1985). Every court has the power
"to preserve and enforce order in
its immediate presence and, as near
thereto as is necessary, to prevent
interruption, disturbance, or hindrance
to its proceedings." OCGA ¤ 15-1-1
(1). "Disobedience to the lawful
order of a court is an obstruction of
justice, and for such a violation the
court, in order to compel respect or
compliance, may punish for
contempt." Griggers v. Bryant, 239
Ga. 244, 246 (1) (236 SE2d 599) (1977).
In re Long, 276 Ga. App. 306, 309-310
(623 SE2d 181) (2005).
The Municipal Court for the City of
Hazlehurst has inherent and statutory
authority to protect the integrity of the
Court system and to preserve and enforce
order in its immediate presence and, as
near thereto as is necessary, to prevent
interruption, disturbance, or hindrance
to its proceedings. O.C.G.A. 14-1-3;
Charter of City of Hazlehurst, ¤21.
Pursuant to ¤21 of the Charter, it has
the power to punish for contempt by a
fine not exceeding $100.00 or
imprisonment not exceeding 30 days or a
combination of both or any part of both.
The actions of the respondent show beyond
a reasonable doubt the mens rea and actus
reus to unlawfully interfere with the
orderly administration of the Municipal
Court of the City of Hazlehurst on April
24, 2008. The abject contemptuous nature
of the respondent's acts is revealed by
his actions notwithstanding the
admonishment set forth in a letter to him
dated April 23rd identified as Exhibit
"C." Such attitude is further
magnified by his actions of this morning
in locking the Courtroom in an attempt to
prevent the holding of this hearing and
in refusing to obey the subpoena issued
to him both of which actions may subject
him to additional Citations for Contempt
by this Court.
It is clear to this Court that the
respondent rejects the concept of Lex Rex
upon which the foundation of the legal
system of this great nation is based and
honors no law but himself. Such can
neither be condoned nor tolerated by a
free society. The law is no respecter of
persons or position and all must stand
equal before it if any are to be judged
by it. The respondent as an individual or
as mayor is not entitled, and shall not
be allowed, to undermine the
administration of the Municipal Court of
the City of Hazlehurst without suffering
the consequences contemplated and
authorized by law for the prevention of
such actions. It is therefore,
ORDERED AND ADJUDGED that the respondent,
R. BAYNE STONE is attached for Criminal
Contempt of Court and is fined the sum of
one hundred dollars ($100.00), and he
shall be confined to the common jail of
Jeff Davis County, Georgia for a period
of 30 days, such incarceration to begin
at 10:00 a.m. Friday, May 16, 2008 and to
run for the next consecutive 30 days. Any
person authorized under section 21 (c) of
the Charter of the City of Hazlehurst,
Georgia is hereby authorized and directed
to execute this Attachment for Criminal
Contempt of this Court by warrant in
accordance with the laws of this State
such is over turned by the City
Commissioners on any appeal hereof at
their next regularly schedule meeting on
May 15, 2008.
This the 13th day of May, 2008.
KEN W. SMITH
Judge of Municipal Court
City of Hazlehurst
State of Georgia
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