Court rules judge wrongly jailed alleged domestic violence victim
Katie Orndoff was offering testimony about how her former boyfriend allegedly punched her in the face during his trial for domestic abuse in 2021, when a Virginia judge halted the proceeding and sent her to jail. “What am I supposed to do?” Orndoff can be heard saying on a recording of the trial as she was taken into custody. “I don’t understand.”
Loudoun Circuit Court Judge James P. Fisher held the 34-year-old Fredericksburg, Va., woman in summary contempt and found she was testifying while intoxicated after she admitted to smoking marijuana earlier in the day. He also declared a mistrial.
Orndoff protested that she was not high, just nervous, and the ruling drew a furious backlash from women’s groups and the Loudoun County attorney, who said it sent a terrible message to victims brave enough to stand up to alleged abusers.
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Nearly two years later, Orndoff has received a measure of vindication. A three-judge panel of the Virginia Court of Appeals tossed the contempt citation against Orndoff this week, ruling Fisher had exceeded his authority. The split 2-1 ruling could be appealed or the full court of appeals could decide to review it.
The ruling comes after Orndoff appealed Fisher’s finding, arguing there was no basis for the contempt citation and the judge denied her right to due process among other errors. The panel ruled the summary contempt citation was improper because the judge did not witness the alleged improper behavior, a necessary element for such a ruling. They also found Orndoff had a right to a hearing on the contempt allegations and to be represented by counsel.
Thomas Plofchan, an attorney for Orndoff, said Fisher’s decision had been devastating for his client. He said the court of appeals ruling was welcome relief. “I think the original ruling put up a wall between the court and the people,” Plofchan said. “I think hopefully this sends a message that rights the ship a little bit.”
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Fisher said he could not discuss the case while it was still pending. “I’m strictly prohibited by the canon of ethics from commenting on it,” the judge said.
The controversial case began in September 2021 with Orndoff’s former partner, James Paige Phillips, accused of punching her in the face twice earlier that year as they were driving in Loudoun County. Phillips was charged with felony domestic assault and battery and pleaded not guilty.
Orndoff testified for about 80 minutes before Phillips’s public defender objected to her repeatedly making reference to the defendant’s arrest in a previous case. Finally, Fisher halted her testimony and held a conference with the attorneys.
Afterward, Fisher told Orndoff that she appeared to be under the influence of narcotics or some other type of substance. Orndoff explained that she had recently come off mood stabilizing medicine and it was affecting her negatively.
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Fisher asked Orndoff if she had taken any drugs. Orndoff eventually replied that she had smoked pot before coming to court. “I mean, honestly, I smoke marijuana, and that is what I did,” Orndoff said on a recording of the trial. “You can search my car.”
Fisher questioned Orndoff some more, before holding her in summary contempt for testifying under the influence. He sentenced her to 10 days in jail and sheriff’s deputies took Orndoff away. She was required to submit to a drug test.
After a recess, Fisher dismissed the case against Phillips. Buta Biberaj, a prosecutor with the office of the Commonwealth’s Attorney, pleaded with Fisher to dismiss the contempt citation against Orndoff and offered the testimony of two detectives, who the prosecutor represented would say that Orndoff showed no signs of intoxication when she arrived at the courthouse. The office later filed a brief on behalf of Orndoff.
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“The witness was incoherent, her body language was such, she was rocking forward in her chair, rocking back. When I asked her a question, she almost tipped her chair over. She clearly manifested signs of intoxication,” Fisher said on the audio recording of the trial. “She admitted to smoking marijuana prior to coming over here.”
Plofchan would later contend that Fisher’s characterization of her demeanor in court was inaccurate. Plofchan said she had smoked marijuana about 9 or 10 a.m. before testifying in the case after 1 p.m. He said she was anxious on the stand because of the emotional nature of the case. Orndoff ended up serving two days in jail on the contempt citation before her she was able get bond.
Biberaj, the Loudoun County prosecutor, said that she was dismayed by Fisher’s ruling and that the case, which was widely publicized, made victims in other domestic violence cases apprehensive about testifying. Biberaj said her office refiled the same felony charge against Phillips after Fisher declared the mistrial, but Orndoff was reluctant to take the stand so prosecutors eventually offered Phillips a deal to plead to misdemeanor assault and battery, which he accepted. The attorney for Phillips declined to comment.
“I think this is an affirmation that the system has to do better with victims who come to court to testify,” Biberaj said. “We must understand the trauma they come with.”
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