State v. Jones
Ohio Court of Appeals
2008 Ohio 6994 (2008)
The day before trial, the court appointed public defender Brian Jones to represent Jordan Scott on a misdemeanor assault charge. The next morning, Jones met with six other clients before even receiving Scott's file, then spent only twenty minutes with Scott before the judge announced trial would proceed that day. Jones told the judge he could not effectively represent Scott without time to interview witnesses; the judge refused a continuance and threatened Jones with contempt, then jail, when he still refused to proceed, reasoning that any resulting conviction could simply be appealed on ineffective-assistance grounds. The court held Jones in contempt, took him into custody, and later affirmed the contempt finding after a hearing. Jones appealed.
Whether holding counsel in contempt for refusing to proceed with trial is reversible error when counsel cannot provide effective assistance or competent, zealous representation under the circumstances.