LOUDOUN COUNTY, Va. — The Virginia Court of Appeals has overturned a Loudoun County judge's contempt conviction that drew outrage from victims advocates. A three judge panel voted 2-1 to overturn the conviction of Katie Orndoff by Judge James P. Fisher.
The Court of Appeals ruled Tuesday that Fisher violated Orndoff's rights when he ordered her to serve 10 days in jail on Sept. 7, 2021.
Judge Fisher accused the Fredericksburg woman of being high on marijuana when she took the stand to testify that her boyfriend had punched her in the face.
In audio from the trial, you can hear Fisher tell Orndoff. "The court finds you in contempt of court."
Orndoff responds, with clear shock in her voice, "Me?"
"I’m going to sentence you to ten days in the county jail," the judge continues. "I’m going to remand you to the custody of the Sheriff."
In the background, someone in the courtroom responds, saying, "Judge!"
"Oh my God. What’s going on? I didn’t even do anything!" Orndoff shouts, before the judge walks out.
A bailiff walks over to her at the witness stand, and the video ends just before he handcuffs her and takes her off to jail.
"What am I supposed to do? I don’t understand!" Orndoff cries.
Orndoff had been testifying that her former partner, James Phillips, punched her twice in the face. Over an hour into her testimony, Fisher dismissed the jury and accused her of being intoxicated.
"You appear to be under the influence of narcotics or some other substance," he told her.
The judge then asks her if she had smoked marijuana before she came to the courthouse.
"I mean before I got in the car and came here," Orndoff answered.
Following the judge's decision, victims advocates called for Fisher to be disciplined or removed, fearing his decision would have a chilling effect for other domestic violence victims.
Questions were also raised about Judge Fisher's history.
In the reversal, the court found that Fisher did not have enough evidence to support a contempt finding.
"This Court holds that the circuit court erred in exercising the power of summary contempt because the trial judge did not personally observe in open court all the essential elements of the alleged contemptible conduct of testifying while voluntarily intoxicated," documents read.
"The circuit court’s impermissible exercise of the summary contempt power violated Ms. Orndoff’s due process rights to notice of the contempt charge, a fair plenary hearing, and representation by counsel."