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Remedies Keyed to Tabb, 8th
Turner v. Rogers
Citation:
564 U.S. 431 (2011)Facts
In June 2003, a South Carolina family court ordered Michael Turner to pay $51.73 per week to Rebecca Rogers for child support of their child. Over the following three years, Turner repeatedly failed to make payments and was held in civil contempt five times. During the first four contempt proceedings, he was sentenced to 90 days’ imprisonment but ultimately paid the amounts due, either before incarceration or after spending only a few days in custody. The fifth time, he served a complete six-month sentence without paying. After his release in 2006, Turner remained in arrears. On January 3, 2008, Turner appeared at a civil contempt hearing without legal representation, as did Rogers. The court clerk stated Turner owed $5,728.76 in arrears. Turner explained he had struggled with drug addiction, suffered a back injury in September that left him unable to work, and had applied for disability benefits. The judge made no express finding regarding Turner’s ability to pay, left the relevant section of the contempt order form blank, but nonetheless found Turner in willful contempt and sentenced him to twelve months in the Oconee County Detention Center with the ability to purge by achieving a zero balance. Turner completed his sentence and subsequently appealed with pro bono counsel.
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