S.M.J. v. OgleAnnotate this Case
In this paternity and custody proceeding, the Supreme Court affirmed the decision of the court of appeals vacating the judgment of the district court holding David Roy Ogle in contempt and imposing sanctions, holding that the district court should not have conducted the hearing on Whitney D. Jacobs' contempt motion until Ogle was present.
Jacobs moved the court to hold Ogle in indirect contempt after Ogle's contact with Jacobs' employer led her to leave her teaching job. After a hearing at which neither Ogle nor his counsel appeared, despite receiving notice of the hearing's time and place, the district court held Ogle in contempt. Relying on Bond v. Albin, 28 P.3d 394 (Kan. 2000), the judge concluded that the contempt hearing could be held in Ogle's absence. The court of appeals reversed. The Supreme Court affirmed, holding that a district judge is allowed to proceed with a contempt hearing once the person accused is present, but not before. The Court remanded the case to the district court for reconsideration of the motion to hold Ogle in indirect contempt.