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Helton v. Coleman5/7/1991
CERTIORARI GRANTED AS TO YOUNG AND COWAN. CERTIORARI DENIED AS TO COLEMAN. OPINION OF THE COURT OF APPEALS AFFIRMING THE IMPOSITION OF ATTORNEY SANCTIONS VACATED. THAT PORTION AFFIRMING THE GRANTING OF A MOTION FOR NEW TRIAL LEFT UNDISTURBED.
The opinion of the court was delivered by: SIMMS, Justice.
Lauretta M. Helton, Administratrix, brought a wrongful death action against Creek County Sheriff Coleman, Appellant, both individually and in his official capacity. The complaint alleged, in essence, that the Sheriff, or his designated employees and agents, had ignored the decedent's cry for help while suffering from delirium tremens and as a result of the negligence of the Sheriff and his employees, her husband took his own life while in jail.
Jury trial resulted in a verdict for the defendant. The trial court granted appellee/plaintiff's motion for new trial and concurrently assessed sanctions against both District Attorney David Young and his assistant, Luther Cowan, who were representing Sheriff Coleman in their official capacity. The sanction was imposed for purported misconduct occurring during the trial for which the trial court required District Attorney Young and his assistant to pay the cost of the jurors during the trial.
Appeal was taken from the order of the trial court granting a new trial as well as imposing sanction on the defendant's attorneys.
The matter was assigned to the Court of Appeals which affirmed the trial court's granting the motion for new trial and the sanction. Appellant Coleman sought certiorari before this Court on the new trial issue, and certiorari is denied. Therefore, the ruling of the trial court granting plaintiffs motion for new trial remains undisturbed. Appellants Young and Cowan sought certiorari on the question of sanctions against them as Coleman's attorneys. We grant certiorari on the issue of attorney sanctions, vacate that part of the opinion of the Court of Appeals, and reverse the trial court's order imposing sanctions.
During the trial many instances of alleged misconduct by both Young and plaintiff's counsel occurred. One such instance was Young's alleged secreting of jail records which he said he did not have but which he dropped in front of the witness stand during trial. The trial court cited Young for direct contempt of court and allowed Young to apply for the citation to be assigned to another judge for sentencing.
The trial court also dismissed one juror because of alleged jury tampering by plaintiff's counsel. After eight days of trial, the eleven remaining jurors returned a unanimous verdict in favor of Coleman.
Helton moved for new trial, and Cowan represented Coleman at the hearing on the motion. During the hearing, the trial court decided not to sentence Young for direct contempt. Yet, after a long discourse deriding Young for his misconduct, the trial court granted the motion for new trial and assessed the costs of the jury against Young and Cowan justifying the assessment on their willful violation of court orders given during discovery, pre-trial, and trial.
In a hearing held two days later, the trial court clarified his earlier ruling by stating that he assessed the jury fees on the grounds of sanctions provided "under the discovery code as well as the equitable obligations and duties of the Court." He further noted that both counsel for plaintiff and defendant committed acts of misconduct, and that it would be inappropriate for him to tax attorney fees against one attorney because the other would receive a windfall.
Under the facts of this case, we find that
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