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Keywords

injunctionappealhearingdivorce

defendant

Related Cases

State Bar of Michigan v. Cramer, 56 Mich.App. 176, 223 N.W.2d 713

Facts

On January 5, 1973, Judge John D. O'Hair issued a permanent injunction against Virginia Cramer, prohibiting her from unauthorized legal practices related to divorce in Michigan. Following enforcement proceedings initiated by the State Bar of Michigan, Cramer was charged with contempt for providing advisory services to a client seeking a divorce. After a hearing, she was found in contempt and sentenced to pay fines and serve jail time. Cramer appealed, arguing that the injunction was invalid and that the judges were disqualified from hearing her case.

On January 5, 1973, the Honorable John D. O'Hair, Wayne County Circuit Judge, signed a judgment permanently restraining the defendant, Virginia Cramer, and others from the unauthorized practice of law.

Issue

Whether the judges of the Court of Appeals were disqualified from hearing the case due to their membership in the State Bar, and whether Cramer could challenge the validity of the injunction through contempt proceedings.

Whether the judges of the courts of record are disqualified to act judicially in an action in which the State Bar is a party merely because the judges are members of the State Bar.

Rule

Judges of the courts of record are not disqualified from acting in cases where the State Bar is a party, and an individual cannot attack the propriety of an injunctive order collaterally through contempt proceedings.

An individual may not attack the propriety of an injunctive order collaterally through contempt proceedings.

Analysis

The Court of Appeals determined that the judges were required by law to be active members of the State Bar and thus were not disqualified from hearing the case. The court emphasized that the injunction issued by the circuit court must be obeyed unless overturned on direct appeal, and since Cramer did not properly appeal the original injunction, she was bound by its terms. The court found sufficient evidence to uphold the contempt ruling.

The members of this panel not only are not disqualified to decide this case, but instead have a clear duty to do so.

Conclusion

The Court of Appeals affirmed the judgment of contempt against Cramer, concluding that she violated the permanent injunction and that the circuit court had the authority to impose sanctions for such violations.

The judgment of contempt and punishment therefore is affirmed.

Who won?

The State Bar of Michigan prevailed in the case, as the court upheld the contempt ruling against Cramer for violating the injunction.

The State Bar of Michigan elected to disregard this issue in their brief.

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