In Re Stewart

571 F.2d 958 (5th Cir. 1978)

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Nature of the Case

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Facts

D is county engineer for Hinds County, Mississippi. Stubblefield was a county employee working as a laborer on the bridge crew. Stubblefield was summoned to serve as a civil juror and was selected to sit on a case, which ended January 13. On January 13 an unidentified member of the court personnel told District Judge Harold Cox, that Stubblefield was having some difficulty with his employer because he was serving on the jury. Judge Cox talked with Stubblefield. When Stubblefield reported for work on January 14, he was told that he had been transferred to the solid waste crew. Stubblefield went at once to see D and objected. Judge Cox got word from Stubblefield that he was demoted because of jury duty. A bench warrant was issued, and D was brought to court under arrest by Marshalls to show cause why he should not be held in contempt. D told Stubblefield that the pay for the two jobs was the same. D told Stubblefield that he could accept the transfer or be dismissed. At the hearing for contempt, D testified that Stubblefield had been transferred to different crews because he was not working out and that Stubblefield's jury service had nothing to do with the current transfer. D was arrested during the morning and held in custody until his trial. Judge Cox directed the U.S. Attorney to serve as prosecutor. A hearing was conducted during the afternoon of the 14th. D had no counsel. The record does not show that he was advised that he had a right to counsel nor does it reveal a waiver of the right to counsel. D subpoenaed no witnesses, and nothing in the record shows that he was told he could do so. Stubblefield testified, and D cross-examined him. D gave his testimony, and both the U.S. Attorney and Judge Cox cross-examined D. D was found guilty of contempt. The judge imposed a sentence of $100 fine and costs and put D on probation for six months conditioned upon his paying the fine and costs, upon his restoring Stubblefield to his former position. D appealed.