This case centres on a
finding of civil contempt against an elderly disabled man, who was representing himself because he could not afford counsel.
Is the current
law of civil contempt applicable to self - represented litigants or is there a different standard that applies when a litigant does not have the benefit of representation by a lawyer?
Turner's challenge before the United States Supreme Court regarded the South Carolina Supreme Court's determination that he was not entitled to a court appointed attorney to defend a
claim of civil contempt.
Accordingly, the
judgment of civil contempt and the $ 100,000 fine which resulted from petitioner's refusal to comply with the production order in this respect must fall.
The Court did, however, imply that claims for compensation that do not involve a straightforward causation analysis may not be appropriate for the summary
nature of civil contempt proceedings.
Kennedy himself was one of two MPs arrested on March 23 and now faces
charges of civil contempt in connection with a protest against the project.
A
dispute of civil contempt would remain between the parties involved, while criminal contempt involves the public interest in administering justice, says a copy of the manual posted to the B.C. government website.
Justice Karakatsanis: «The common law
of civil contempt requires that the respondents prove beyond a reasonable doubt that Mr. Pintea had actual knowledge of the Orders for the case management meetings he failed to attend.
The panel affirmed the conviction and the sentence, observing at one point «The coercive
tool of civil contempt must have teeth.»
Seven car hire rate experts who had worked for the now defunct company «Autofocus» between 2004 — 2009 each faced specimen
counts of civil contempt for the intentional interference with the administration of civil justice for their roles in the dishonest production of false evidence verified by statements of truth.
However, courts have also recognized that, like criminal contempt,
acts of civil contempt undermine the authority of the courts and diminish respect for the law.
By Andrew Feldstein Katz v. Katz, 2014 ONCA 606: This case addresses the
issues of civil contempt and the power of courts to order a payor to obtain a life insurance... Read more
I am satisfied beyond a reasonable doubt that Mrs. Cooper's actions and lack thereof constituted the
offence of civil contempt.
The United States Supreme Court opinion in Turner validates my belief that an indigent support obligor is not necessarily entitled to a court appointed attorney to defend a
claim of civil contempt but that such obligors are entitled to more due process than the South Carolina Family Courts have routinely provided them.
Accordingly, the
judgment of civil contempt and the fine which resulted from petitioner's refusal to produce its membership lists must fall.
Finally, the Court of Appeal declined to address an important emerging issue in the
law of civil contempt: whether the Court can award compensation as a remedy for civil contempt.
In the first New York appellate decision to rule on the issue, the Appellate Division, Second Department held in its February 28, 2018 opinion in Spencer v. Spencer, that violations of matrimonial action «Automatic Orders» can be grounds for a finding
of civil contempt, but an application for that relief must be made before the entry of the judgment of divorce.