Defendant held in constructive contempt is entitled to counsel
In Ex Parte Mamie L. Jackson, released January 8, 2009, the South Carolina Court of Appeals held that where an individual is held in 1) constructive, and 2) criminal, contempt, that individual must be advised of their right to counsel. Jackson's sentence of 90 days for contempt of court (for failing to abide by court order requiring her to stop "accumulating junk, clutter and debris on her property") was reversed where Jackson was not advised of her right to counsel and the record did not show that the court provided any warning of the dangers of self-representation.
Courts have inherent power to punish individuals for contempt, however contempt can be civil or criminal:
The determination of whether contempt is civil or criminal hinges on the underlying purpose of the contempt ruling. Id. at 456-57, 652 S.E.2d at 761. If the primary purpose of contempt is to coerce a party to do the thing required by the court for the benefit of the complainant, then the contempt is considered civil. Id. However, if the principal function of the contempt is to preserve the court’s authority and to punish a party for disobedience of the court’s order, then it is criminal. Id. Punishment for civil contempt is remedial in that sanctions are conditioned on compliance with the court’s order, whereas an unconditional penalty is considered criminal contempt because it is solely and exclusively punitive in nature. Id.
The distinction is important, because criminal contempt triggers additional constitutional safeguards:
The Sixth and Fourteenth Amendments to the United States Constitution ensure that an individual be afforded the right to assistance of counsel before he or she can be validly convicted and punished by imprisonment. State v. Thompson, 355 S.C. 255, 261-62, 584 S.E.2d 131, 134-35 (Ct. App. 2003). The right to counsel is by far the most pervasive, for it affects a person’s ability to assert any other rights he or she may have. Id. The erroneous deprivation of this right constitutes per se reversible error. Id.
Contempt can also be either direct contempt, which is conduct that occurs within the presence of the court, or constructive contempt, which is conduct that occurs outside the presence of the court such as in Jackson's case (the contemptuous conduct involved leaving debris in her yard after being ordered not to). The Court limits the holding in this case to situations involving criminal and constructive contempt.
