In Re Herring

ADAMS, Judge,

concurring specially.

I agree with the result reached by the majority. However, I am compelled to write separately to remind trial judges of the importance of making their findings in cases such as this on the record during the hearing or proceedings, particularly when those findings pertain to nonverbal matters such as tone and demeanor. This allows the contemnor an opportunity to respond on the record, and allows this court to make a proper review of what transpired below. Without the necessary record having been made, I, unlike the majority, cannot defer to the trial court’s after-the-fact findings which appear nowhere in the record other than the trial court’s contempt order. But I do agree that Herring’s conduct that was demonstrated on the record, including the failure to file a conflict letter, the failure to appear as scheduled and the failure to acknowledge his lack of compliance with the uniform rules, authorized a summary finding of contempt and the imposition of immediate punishment, Thus, I agree with the majority that the trial court’s order should be affirmed.

Decided July 7, 2004. Timothy T Herring, pro se. William M. Ray II, for appellee.