People v. David Johnson

The issue is whether an indigent person may be found in civil contempt and incarcerated for failure to testify before a grand jury unless offered counsel at state expense at the contempt proceedings. 1

David C. Johnson, following his refusal to be sworn or to answer any questions before a citizens’ grand jury, was fined $10,000 and sentenced to one year in jail. He would be released upon purging himself of the contempt or expiration of the grand jury term.

The Court of Appeals reversed and held that an indigent witness has a right under the Due Process Clause of the Michigan Constitution 2 to…