Board of Education v. Brunswick Education Ass'n

The primary issue raised in the appeal of this cause is whether a finding of prior disobedience is a necessary antecedent to a court’s imposition of coercive sanctions against future non-compliance with its order. The cross-appeal raises the issue of whether the General Assembly may constitutionally limit the sanctions which a court may utilize in a case of civil contempt. We discuss the appeal and cross-appeal separately.

I

Appellants urge this court to reverse that portion of the Court of Appeals’ decision which upheld their incarceration for contempt. They argue that the trial court never…