Virginia appeals court overturns contempt conviction of woman who smoked pot before testifying

The Court of Appeals of Virginia overturned the contempt conviction of a domestic violence victim who admitted smoking marijuana before testifying at trial.

As Katie Orndoff testified against her former partner in September 2021, Judge James Fisher criticized her behavior, asking if she was under the influence. Orndoff admitted she had smoked marijuana.

Fisher issued a summary contempt order, had her arrested on the spot and ordered a blood draw. He sentenced her to 10 days in the county jail.

Attorney Thomas Plofchan — taking on the case pro bono — appealed. This week the appeals court overturned the misdemeanor conviction, writing: “The circuit court impermissibly exercised the power of summary contempt in violation of Ms. Orndoff’s rights to notice of the contempt charge, a fair hearing and representation by counsel.”

“It’s not just a moral victory,” Plofchan said. “It removes the stain of criminal conviction.”

“She was made to feel that she had done something wrong by coming forward and she’s validated,” he said.

The judge’s action in 2021 led to a demonstration at the courthouse and concern other victims might not step forward.

“They don’t want someone chastising them,” Plofchan said. “Oftentimes it’s very difficult even just to confront the accuser, but if they feel they are also trying to confront the court system, that deters our ability to seek justice and protect those who are most vulnerable.”

Lisa Sales, a survivor and victim’s rights advocate, hopes the appeals court’s ruling sends a new message.

“That you can step forward, that your voice won’t be chilled, that you can fight against the system, that you should report, because we can’t uncover wrongdoing if we don’t report,” she said.

News4 was unable to reach Orndoff for her reaction.

Fisher replied in an email that ethics rules prevent him from commenting on the appeals court’s decision.

When Orndoff was jailed, a mistrial was called, but the man accused in the case eventually pleaded guilty to misdemeanor assault and battery.