Contempt Isn't a Felony, Says 11th Circuit, Eliminating Possible Draconian Sentences
A disbarred Florida lawyer caught representing a client in federal court after he lost his license to practice expected to plead guilty to criminal contempt.
But what Lee Cohn didn’t expect was a ruling from U.S. District Judge William Zloch that the crime was a felony punishable by as much as life in prison, reports the Daily Business Review.
While Zloch was merciful with Cohn, sentencing him in 2007 to 45 days in jail and five years of supervised release, Cohn appealed the judge’s classification of criminal contempt as a felony. On Sept. 30, ruling on an issue of first impression, the 11th U.S. Circuit Court of Appeals held that criminal contempt of court is neither a felony nor a misdemeanor but a unique “sui generis” category, the business publication recounts.
It remanded the contempt case back to Zloch for resentencing. In the meantime, Cohn has been free pending the outcome of the appeal.
The appellate win isn’t expected to make much of a difference to Cohn, as far as his sentence is concerned, but could potentially help protect other lawyers from Draconian penalties for contempt of court, his legal counsel says.
The Daily Business Review provides a link to the appellate opinion.
