In re Roxborough

Dissenting opinion by Associate Judge TERRY at p. 555.

This matter is before the court on appeal from a summary contempt order and a $150.00 fine imposed against appellant, Claude W. Roxborough, an attorney, for being late for two matters in the Landlord and Tenant Branch of the Superior Court on April 5, 1989. Appellant challenges the contempt order on grounds that: (1) the evidence did not establish that his tardiness was deliberate and willful; and (2) the judge abused his discretion in relying on other incidences of tardiness before other judges in justifying the contempt finding. Because…