In re Hines
| Docket Number: | 2006-CA-02107-SCT Linked Case(s): 2006-CA-02107-SCT ; 2006-CA-02107 |
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| Supreme Court: | Opinion Link Opinion Date: 04-10-2008 Opinion Author: Graves, J. Holding: REVERSED |
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| Additional Case Information: |
Topic: Contempt - Shelter review hearing - Power of youth court - Section 43-21-153 - Written notification of non-party Judge(s) Concurring: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Dickinson, Randolph and Lamar, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - OTHER |
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| Trial Court: |
Date of Trial Judgment: 12-19-2006 Appealed from: PEARL MUNICIPAL YOUTH COURT OF RANKIN COUNTY Judge: John N. Shirley Disposition: Reverend Hosea Hines was held in civil contempt by the Pearl Municipal Youth Court of Rankin County. Case Number: 30153 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | IN RE: HOSEA HINES |
LISA MISHUNE ROSS,
CARLTON REEVES |
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| Appellee: | Unknown | JASON T. ZEBERT | ||
Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Contempt - Shelter review hearing - Power of youth court - Section 43-21-153 - Written notification of non-party |
| Summary of the Facts: | A shelter hearing was held in the Pearl Municipal Youth Court of Rankin County regarding three minor children. Rev. Hosea Hines was present at the hearing, at which time Judge John N. Shirley entered an order setting a shelter review hearing. Judge Shirley ordered that “[n]o one except that GAL, DHS, law enforcement and CAC shall discuss issues with the children.” Later, for good cause shown, an order of no contact was entered, barring Rev. Hines from having contact with the minor children. A detective of the Pearl Police Department contacted Rev. Hines by telephone to inform him of the entry of the no-contact order, and to inform him that he was to be present in court on November 14. When Rev. Hines failed to appear in court on November 14, a show-cause contempt warrant was issued for Rev. Hines. After Rev. Hines was arrested and directed to appear in the Pearl Municipal Youth Court of Rankin County, he filed a motion to recuse. The prosecutor for the Pearl Municipal Youth Court filed a motion for contempt. Judge Shirley found Rev. Hines in civil contempt and ordered him to pay a fine of $500. Rev. Hines appeals. |
| Summary of Opinion Analysis: | In its ruling, the youth court held that the detective’s telephone conversation with Hines constituted sufficient notification of his need to appear in court under the Youth Court Act and that M.R.C.P. 81 is not applicable to youth courts. Rev. Hines argues that the youth court erred by failing to serve him with a written notification commanding his presence in court on November 14, 2006. Section 43-21-153 clearly authorizes the youth court to issue all writs and processes including injunctions necessary to the exercise of jurisdiction and carrying out the purpose of the chapter. While the youth court had the power to enter the Order of No Contact with respect to Rev. Hines and to require his presence in court on November 14, 2006, Rev. Hines should have received the due-process consideration of official written notification commanding his presence in court. Even if Rev. Hines had been properly served with a copy of the Order of No Contact, the order itself does not contain sufficient language to have informed Rev. Hines that he had to be present in court. Because Rev. Hines is not the parent, guardian or custodian, guardian ad litem, or counsel to the minor children, reasonable oral notice as required by section 43-21-309 when the youth court is holding a detention or shelter hearing is not sufficient. |
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