In Re Powers

This is a criminal contempt case against the appellant, William P. Powers, III (attorney), which is properly before this court by appeal pursuant to section 12-1-11, Code 1975.

No issue is raised as to procedural due process. The circuit court adjudged the attorney to be in contempt of court and fined him $100. The attorney appeals to this court, contending that his conduct was insufficient to constitute contempt. We agree and reverse.

The attorney represented a party in a child custody action. His client was being cross-examined by opposing counsel concerning whether certain facts were…