Monier Abusaft found in contempt by Spartanburg judge Derham Cole for cell phone in court

A Spartanburg attorney and elected official claims he was unfairly cited for criminal contempt by a circuit court judge for possessing a cell phone at a court proceeding in Cherokee County.

Seventh Judicial Circuit Judge J. Derham Cole ruled March 27 that Monier Abusaft violated court orders against possessing or attempting to use a cell phone without prior permission during a March 7 hearing where Abusaft was representing a defendant.

Abusaft is a Spartanburg County County councilman, representing most of the City of Spartanburg.

Cole ordered Abusaft to pay a $1,000 fine or spend 24 hours in jail. Abusaft said he was considering appealing the order.

Monier Abusaft claims unfair treatment

Abusaft said the judge went out of his way to make an example of him.

"This contempt order had nothing to do with a cell phone," Abusaft said. "It's about a judge who likes to be an authoritarian in the courtroom."

Abusaft is the former president of the Spartanburg NAACP chapter. He was elected to his District 1 seat on County Council in 2020.

Cole is a former state legislator and has served as resident judge of the Seventh Judicial Circuit of South Carolina since 1992. He was awarded the Order of the Palmetto by the late Gov. Carroll A. Campbell.

Cole said he couldn't comment on Abusaft's allegations, but said his written order "speaks clearly as to the reasoning in making the findings that I did."

"This court finds that Monier Mufid Abusaft has engaged in a willful, knowing and intentional disobedience of a lawful order, duty, obligation or prohibition imposed upon him, committed in the presence of the court and with knowledge of the court obtained by the court's own senses, and by such conduct has exhibited a flagrant disrespect and disregard for the court, its rules and its authority," Cole wrote in his findings.

Abusaft said he has never used a cell phone during a court session, and that he believes Cole "wants to intimidate and humiliate me because I don't allow him to dominate me or my clients in the courtroom."

Meanwhile, just three days after Abusaft's apparent violation, on March 10, state Supreme Court Chief Justice Donald Beatty issued a statewide directive to all courtrooms that states "Absolute bans on the possession of an electronic device in courtrooms are not permitted."

However, a judge may prohibit electronic devices if he or she determined the possession of the device "interferes with the orderly administration of justice or causes a threat to safety or security in a proceeding.

"Mere possession of an electronic device, without more, is not sufficient to permit confiscation," Beatty wrote.

Abusaft believes he will be vindicated. He said he plans to fight the contempt order, and is "prepared to take it to the Supreme Court" if necessary.

Public defender, solicitor say judge's rule equally applied

Others who have appeared frequently before Cole defended his fairness.

Seventh Circuit Public Defender, Michael Morin, said Cole makes no exceptions about his ban on cell phones.

"The rule in Judge Cole’s courtroom has always been absolutely no phones," Morin said. "He has enforced that rule very strictly on any person entering his courtroom."

Seventh Circuit Solicitor Barry Barnette said Cole is "tough, but fair."

"In dealings I've been in court, you take a phone in there and he sees it, he's going to take it, across the board," Barnette said. "It doesn't matter who you are, victims, defense. He's always been consistent with that rule."

According to Cole's contempt order, the cell phone violation happened during the afternoon of March 7 when the court attempted to proceed with the presentation of a guilty plea by Abusaft's client.

Abusaft was observed with and attempting to use a cell phone in violation of the court's prohibition of cell phones, according to the order. Abusaft said he needed to contact his client and his office.

Abusaft was then ordered to surrender his cell phone to the clerk of court, to be returned after his client's trial concluded.

At the March 27 hearing on the contempt charge, Abusaft admitted to having the phone in his hand but was not attempting to use it, according to Cole.

Also, Abusaft did not challenge Cole's general court order prohibiting cell phones in the courtroom.

This article originally appeared on Herald-Journal: Abusaft found in contempt by Spartanburg circuit judge for cell phone