THE STATE OF FLORIDA EX REL. JAMES E. BROCATO, PETITIONER,
v.
E. WILSON PURDY, AS SHERIFF OF DADE COUNTY, FLORIDA, RESPONDENT
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The court held that a person summoned for jury duty and failing to appear, when the statute prescribes a fine as penalty, cannot be held in contempt and jailed without further proceedings.
[1] A person summoned for jury duty who fails to appear may only be penalized by a fine as provided by statute, not by a contempt sentence.
[2] A contempt charge for failure to appear for jury duty requires a hearing and an opportunity for the accused to present a defense or explanation.
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Join FLexlaw to unlock all legal intelligencePetitioner failed to appear for jury duty after a postponement. A bench warrant was issued, and he was jailed for contempt without further proceedings…
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We have been presented with a petition for the writ of habeas corpus which we set for hearing upon a rule to show cause why the writ should not be issued. The response made at hearing admitted the factual allegations of the , petition, and clearly demonstrated petitioner’s right to the writ and to discharge. We thereupon entered an order discharging the petitioner with the provision that an opinion of the court would follow.
Petitioner was subpoenaed for jury duty and appeared before the circuit court. His request for a postponement of the time of service was granted but petitioner failed to appear upon notification of the new date of service. A bench warrant was issued and petitioner was brought before the court. Without further proceedings, petitioner was found in contempt of the circuit court and sentenced to ten days in jail, “for failure to appear for service as a juror as required by law.” 1
Fla.Stat. § 40.27, F.S.A., provides a fine as the penalty for the failure of a person duly summoned to attend as a juror in any court. This is the exact breach of the law of which the petitioner was found guilty. The order of the circuit judge does not find any other basis for the charged “contempt.” Under these circumstances, no further proceedings before this court are necessary and this court has no alternative to the discharge of the petitioner.
The order and judgment committing the petitioner is hereby vacated and quashed. The order of this court directing the release of the petitioner, James E. Brocato, is made final and conclusive.
It is so ordered.
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Citator
Cited By
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Aaron v. State, 284 So. 2d 673 (Fla. 1973)…emanded for further action in the trial court in conformance with this opinion. It is so ordered. CARLTON, C.J., and ERVIN and Mc-CAIN, JJ., concur. ADKINS, J., dissents with opinion. ROBERTS and DEKLE, JJ., dissent and concur with ADKINS, J. . 251 So. 2d 309 (Fla.App. 3rd 1971), wherein the Court stated at footnote 1: “The requirement for a hearing and an opportunity to resist the charge [indirect criminal contempt] includes the right to reasonable notice and a reasonable opportunity to present a defens…
Authorities Cited
- In the Interest of S. L. T., 180 So. 2d 374 (Fla. 2d DCA 1965)
- Hyman Martin v. State, 194 So. 2d 8 (Fla. 3d DCA 1967)