Carroll County attorney jailed for contempt after missing start of jury trial
Jason Swindle. Photo courtesy of Carroll County Sheriff's Office
CARROLL COUNTY, Ga. - A Carroll County defense attorney has been sentenced to 20 days in jail after failing to appear on time for the start of a jury trial and later arriving at the courthouse in an impaired state, according to a Superior Court order.
The sanction came during the trial of State of Georgia v. Demonte Burke-Agan, which was specially set to begin Sept. 2 in Carroll County Superior Court.
What we know:
On the first day, 40 potential jurors were impaneled, questioned by attorneys, and narrowed down to a petit jury, which was sworn in before proceedings adjourned for the evening. Judge Dustin W. Hightower instructed everyone to return at 9 a.m. the next morning for opening arguments.
When the court reconvened on Sept. 3, however, lead defense attorney Jason Swindle was missing. By 10 a.m., Swindle had not contacted the court, leading deputies to be sent to his home. They found him there around 10:15 a.m., and he arrived at the courthouse approximately 15 minutes later.
According to the order, Swindle met privately with the judge, co-counsel, and prosecutors, at which time Hightower determined the attorney was "physically and mentally impaired, and unable to proceed with the trial." Swindle later admitted in open court that his conduct was contemptuous.
What they're saying:
In his order, Hightower cited Georgia law and case precedent establishing that contempt of court includes both failure to appear and actions that disrupt or interfere with judicial proceedings.
"Failure to appear in court for the call of a case disrupts court proceedings and interferes with the orderly administration of justice," the order said, referencing a 2004 Georgia Court of Appeals decision.
Hightower wrote that Swindle had "willfully placed himself in an impaired state on the eve of a jury trial" and therefore "disrupted court proceedings and interfered with the orderly administration of justice."
The judge sentenced him to 20 days in the Carroll County Jail under the contempt powers granted to Georgia superior courts.
Dig deeper:
Under Georgia law, contempt of court is broadly defined as any act that shows disregard for a court’s authority or disrupts proceedings. Judges have the authority to summarily punish direct contempt — misconduct that occurs in the presence of the court — without a lengthy hearing.
Sanctions can range from fines to jail time, depending on the severity of the behavior and its impact on the administration of justice. In this case, Hightower determined incarceration was warranted.