In the Matter of Matthew Geoffrion
Brief Details
- Case No.: COA26-504
- Brief Filed: August 28, 2026
- Jurisdiction: North Carolina
Key Topics in the Brief
Briefs
The case concerns a trial judge’s summary conviction of criminal defense attorney Matthew Geoffrion for direct criminal contempt during a capital murder trial, based not on disruptive courtroom conduct but on statements Geoffrion made in affidavits supporting motions to disqualify the trial judge. The judge sentenced Geoffrion to thirty days in jail. Amici argue that the contempt judgment should be reversed because Geoffrion’s affidavits did not satisfy North Carolina’s statutory requirements for direct criminal contempt: the statements were filed outside the courtroom, were not made in the judge’s presence, and did not interrupt or interfere with ongoing proceedings. Accordingly, any contempt charge was indirect contempt and required notice, an opportunity to respond, and a plenary proceeding rather than summary punishment. Amici further argue that a different judge was required to preside over any contempt proceeding because the alleged contempt arose directly from Geoffrion’s challenge to the trial judge’s objectivity and impartiality. Beyond these statutory violations, the brief argues that using or threatening contempt against defense counsel absent an actual obstruction of court proceedings undermines a criminal defendant’s Fifth, Sixth, and Fourteenth Amendment rights, including due process and effective assistance of counsel, by intimidating counsel and interfering with zealous advocacy. Finally, amici contend that the North Carolina Code of Judicial Conduct independently counsels recusal when a judge’s impartiality may reasonably be questioned, particularly where the contempt allegation itself involves criticism of or a challenge to the judge. Amici ask the Court of Appeals to vacate and reverse the contempt judgment.
Author(s)
Andrew B. Banzhoff, Devereux & Banzhoff, PLLC, Asheville, NC; Jon Ward, Tatum & Atkinson, PLLC, Greensboro, NC
