Russell v. Armitage

Although I concur in the Court’s holding affirming the judgment of contempt, my analysis of the issues differs substantially from that of the Court.

I agree that defendant was not unconstitutionally deprived of the right to counsel, but the reason, in my view, is because he was not entitled to a court-appointed lawyer. The United States Supreme Court has never held that the Due Process Clause of the Fourteenth Amendment requires the appointment of counsel in a civil contempt proceeding for nonpayment of child support. Nevertheless, this Court so holds today, relying on the recent decision in…