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What Procedures Must a Court Follow Before Holding Somebody in Criminal Contempt

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  • 08-11-2018, 09:36 AM
    Sleepy Head
    What Procedures Must a Court Follow Before Holding Somebody in Criminal Contempt
    My question involves criminal law for the state of: Florida - Federal Court

    FRCP Rule 42 Federal Criminal Contempt is described here
    https://www.law.cornell.edu/rules/frcrmp/rule_42

    1. Opposing Counsel filed a Motion for an Order to Show Cause, Concerning Criminal Contempt ("Contempt Motion")

    2. The Judge issued an Order to Show Cause, as to why I should not be held in criminal contempt ("Contempt Order").

    I filed an "Omnibus Motion" to:

    a) vacate the Contempt Order, b) more definitive statement, c) correct court mistakes, and d) enlargement of time

    The Contempt Motion 1. is still pending, the Judge has not ruled either way yet, the Judge will give me a lot of time to come back to Florida, for the hearing, and the related hearing was never scheduled. There was a bench warrant, but that was vacated and there is no bench warrant any longer. However before the hearing, I'd like to know if I'm right and the Judge is wrong.

    3. FRCP Rule 42 was violated, so I informed the Court,

    Rule 42 (a)(1)(A), "state the time and place of the trial;"

    I said,

    "If the Court intended to issue a valid Notice of criminal proceeding, they must include the date and time of the trial. There was no date and time of any scheduled trial or of the required preliminary hearing.".

    Am I right that the Court Order was improper, since it violated 42(a)(1)(A)?

    FRCP Rule 42 was violated, so I informed the Court,

    Rule 42 (a)(1)(C), "state the essential facts constituting the charged criminal contempt and describe it as such."

    I filed the Motion for more Definitive Statement asking for details of the essential facts.

    Am I right that the Court Order was improper, if it didn't "state the essential facts"?

    Rule 42 (a)(2), "Appointing a Prosecutor. The court must request that the contempt be prosecuted by an attorney for the government, unless the interest of justice requires the appointment of another attorney. If the government declines the request, the court must appoint another attorney to prosecute the contempt.".

    The Court has not yet appointed a prosecutor.

    Rule 42 (3) "Trial and Disposition. A person being prosecuted for criminal contempt is entitled to a jury trial in any case in which federal law so provides".

    A trial has not yet been scheduled.

    Background. It was concerning disrespect and criticism of the Judge and I never consented to allowing the Judge to be involved. In the initial scheduled hearing the same Judge was scheduled to be present.

    Rule 42 (3) "If the criminal contempt involves disrespect toward or criticism of a judge, that judge is disqualified from presiding at the contempt trial or hearing unless the defendant consents.".

    Is it correct that the Judge should have also been prevented from being at the hearing?

    If someone agree with me (at least on some points), I'll try to hire/retain a Florida Federal Attorney, who has experience in opposing FRCP Rule 42. Criminal Contempt, but they must be willing to call the Judge's acts apparent Fraud Upon the Court, if the Attorney agrees with me. They don't have to be near the Court House, West Palm Beach, since most problems can be resolved via discovery, then I can have a different WPB Attorney at the hearing (but I don't think there will be a hearing).
  • 08-11-2018, 10:31 AM
    flyingron
    Re: Fraudulently Accused of Criminal Contempt of Court, then Fraud by the Court
    You're wrong. You really need an attorney. There's no requirement for an order to show cause to follow the rules in Rule 42. What it says is that before the PUNISH you, they have to notify you (in open court, or in an order/warrant) when they'd rule on that. The judge is giving you a heads up on scheduling and issue rather than compelling you at this point. If he wants to actually FIND you in contempt, then he must set a date certain (and notify you as above).

    It's not clear what you think is "fradulent" here. Even an judicial error doesn't necessarily equate to fraud. I'd avoid using those words in court without an attorney that concurs.
    Always best to get an attorney near the court. It will cost you less in the long run (you will be paying for the attorney's travel) and he'll be familiar with the judge(s) involved. You at least want one in the Southern District.
  • 08-11-2018, 01:13 PM
    Sleepy Head
    Re: Fraudulently Accused of Criminal Contempt of Court, then Fraud by the Court
    Hi Flying Ron,

    Thanks so much for your extremely helpful post reply !!!

    Flying Ron> It's not clear what you think is "fraudulent" here. Even an judicial error doesn't necessarily equate to fraud. I'd avoid using those words in court without an attorney that concurs.

    That was really helpful !!! I made a big mistake for 18 months, by repeatedly calling the Judge corrupt and I understand now (and want all readers to understand and benefit by FlyingRon’s great advice), I should have only said, “judicial error”. So FlyingRon is a really great, smart, nice, and experienced person, and I am so thankful for his kind help !!!

    Flying Ron> What it says is that before the PUNISH you, they have to notify you.

    OK, however the Court has actually PUNISHED me already, even before they have notified me, in accordance with Rule 42. So my new question is the following:

    Q: Can a Florida Federal Judge legally PUNISH me, based on a Rule 42 Motion, and a related Rule 42 Order, before any Rule 42 scheduled hearing or trial, and prior to giving me a proper Rule 42 notice? I.E., I thought I have to receive the Rule 42 notice before they punish me related to the not yet issued Rule 42 notice. For example, I think that I have the legal right to simply ignore the Judge completely, until I get the Rule 42 Motion.

    If anyone wants to, I’ll provide you with the relevant Motion, Order, and Punishment documents. Here is a summary:

    DE169 – Opposition Motion to Show Cause, why I should not be held in Criminal Contempt

    DE179 – Order to Show Cause, why I should not be held in Criminal Contempt

    DE188 – Final Ruling: Order to PUNISH Filer/Me, related to Criminal Contempt Motion and related Criminal Contempt Order

    Also, I’m looking for a Florida Federal attorney anywhere in Florida, since I don’t think that there will be a hearing and I can’t find any Attorneys with the right experience, near the West Palm Beach Courthouse.

    Regards, Sleepy Head
  • 08-11-2018, 01:29 PM
    cbg
    Re: Fraudulently Accused of Criminal Contempt of Court, then Fraud by the Court
    You cannot find representation by posting on a message board. This is not a referral service, and reputable attorneys do not troll message boards looking for clients.

    However, you can call your State Bar Association, your local Legal Aid, or any law schools in your area, and they should be able to give you referrals.
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