COA Holds Trial Courts Lack Inherent Power To Award Attorneys' Fees As A Sanction In Contempt Proceedings

In Baxley v. Jackson, decided today, the COA held that a trial court has no inherent authority to order the payment of attorneys' fees as a sanction in contempt proceedings.

In Baxley the trial court (Judge E. Lynn Johnson) held the defendants in civil contempt for wilfully failing to comply with an order of specific performance. And, finding that the defendants' acts hindered and delayed the administration of justice, the court ordered the defendants to pay attorneys' fees to plaintiff's counsel as a sanction. The COA held that the trial court had no authority to impose attorneys' fees as a sanction. The COA reaffirmed that, outside of cases involving child support and equitable distribution, a trial court has no authority to award attorneys' fees in a contempt proceeding unless a specific statute or contract permits it. The COA rejected the notion that trial courts have inherent authority to order the payment of attorneys' fees as a sanction for wilfully failing to comply with a court order.