State v. Jones

2008 Ohio 6994 (2008)

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Nature of the Case

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Facts

D was appointed on August 15, 2007, to represent Jordan Scott on a charge of misdemeanor assault. The case was set for trial the following day. On the morning of the trial, D met with six other clients before receiving the Scott file. D then met with Scott for twenty minutes. When the case was called, D informed Judge Plough that he would be filing a jury demand. After Judge Plough stated that the matter was set for trial, D indicated that he had been appointed to the case the day before and that he would not be effective and would need more time to talk to the witnesses. Judge Plough replied that three witnesses were present and the trial would proceed after lunch. D indicated that he needed to speak with other witnesses whom the state had not subpoenaed. After lunch, the trial court reconvened and proceeded with the Scott case. D attempted to raise a pretrial matter, and D also informed the judge that he was not ready for trial and that he did not have an opportunity to interview the witnesses. Judge Plough warned D that he would be held in contempt of court if he did not proceed with the trial. Over objection by D, Judge Plough ordered the trial to commence. D informed the trial court that he was not able to participate in the case. Judge Plough threatened D with jail and stated that D could file an appeal on the basis of ineffective assistance of counsel. D did not comply. The trial court found D in direct criminal contempt and ordered him to be taken into custody. D appeared with a representative from the Public Defender's Office and the court issued a standard bond of ten percent of $1,000 and scheduled a hearing. D requested that Judge Plough recuse himself from the contempt proceedings against D. The affidavit of disqualification was denied by Judge Enlow. A hearing was held before Judge Plough and D was found guilty of direct criminal contempt and sentenced him to a $250 fine, $150 suspended, and three days in jail, three days suspended on the condition that he pay $100 plus costs and lost wages of $48.50 to the witnesses who appeared for trial on August 16, 2007. D appealed.