State ex rel. Cincinnati Enquirer v. Hunter

Summary

The Supreme Court of Ohio affirmed a contempt judgment against Judge Tracie Hunter for violating an alternative writ that required her to stay enforcement of orders revoking the Cincinnati Enquirer’s permission to attend, broadcast, photograph, or record juvenile proceedings. The court held that the writ clearly required suspension of the orders, including the related prohibition on publishing the juveniles’ names, and that the judge’s asserted agreement with the juveniles’ attorneys did not justify noncompliance.

Holdings

1. Judge Hunter's reliance on the alleged agreement between the Enquirer and the juvenile defendants did not provide a defense because the issue before the Supreme Court was whether her June 24, 2013 entry violated the alternative writ.
2. An order forming the basis of a contempt charge must be clear, definite, unambiguous, and not subject to dual interpretations; the alternative writ clearly required Judge Hunter to suspend the March 15 and March 25 orders, including the publication ban those orders purported to enforce.
3. The First District did not abuse its discretion in finding Judge Hunter in contempt, and its contempt judgment was affirmed.

Questions Presented

1. Whether Judge Hunter's asserted enforcement of an alleged agreement by the Enquirer not to publish the juveniles' names provided a defense to the contempt charge.
2. Whether the alternative writ was sufficiently clear and definite to support a contempt finding based on Judge Hunter's continued enforcement of the publication ban.
3. Whether the First District abused its discretion by finding Judge Hunter in contempt for violating the alternative writ.

Disposition

affirmed