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Keywords

attorneyappealhearingtrialmens rea

Related Cases

In re Contempt Order, 441 F.3d 1266

Facts

Eric D. Petersen, a special assistant United States attorney, was five minutes late to a pretrial detention hearing. Upon his arrival, he apologized and was able to present the government's position. The magistrate judge fined him $50 for his tardiness, leading to an appeal that was denied by the district court. The government argued that the contempt order was improper, citing the lack of evidence for mens rea and the absence of obstructive behavior.

Mr. Petersen was five minutes late to a pretrial detention hearing. He apologized to the court and fortunately was present in time to present the government's position. At the conclusion of the hearing, the magistrate judge informed Mr. Petersen that he was being fined $50.00 for his tardiness, and that he had one week in which to pay that fine to the clerk of the court.

Issue

Did the magistrate judge abuse his discretion by issuing a summary criminal contempt order against Petersen for being five minutes late to a hearing?

Mr. Petersen contends that the district court erred in denying his appeal from the criminal contempt order for three reasons: (1) the magistrate judge made no inquiry into, and no evidence informs, whether Mr. Petersen had the requisite mens rea for criminal contempt; (2) the magistrate judge, contrary to the statutory language of § 636(e)(2), did not personally observe the purportedly contemptuous behavior; and (3) the magistrate judge, also contrary to the statutory language of § 636(e)(2), failed to indicate how Mr. Petersen's late arrival constituted 'misbehavior' that 'obstruct[ed] the administration of justice.'

Rule

A magistrate judge may issue a summary contempt order only when a person's misbehavior in the judge's presence obstructs the administration of justice, as outlined in 28 U.S.C. § 636(e)(2) and Fed.R.Crim.P. 42.

Where a magistrate court has issued a summary contempt order, we review for an abuse of discretion.

Analysis

The court determined that Petersen's tardiness did not occur in the presence of the court and did not constitute misbehavior that obstructed justice. The magistrate judge failed to inquire about the reason for Petersen's late arrival, which was essential to establish any criminal intent. The court emphasized that summary contempt should be reserved for exceptional circumstances, which were not present in this case.

First, by no stretch did the contempt occur within the presence of the court. Mr. Petersen simply was absent for five minutes. Just as the record contains not a scintilla of evidence suggesting that the United States Attorney's office (let alone Mr. Petersen, a special assistant) was aware of the magistrate judge's 'standing policy,' the facts in the record do not suggest that his mere absence was part of a series of larger events suggesting a conscious disregard of the court's procedures.

Conclusion

The Court of Appeals reversed the contempt order and instructed to vacate it, concluding that Petersen's five-minute tardiness did not warrant such a sanction.

REVERSED with instructions to VACATE the summary contempt order.

Who won?

Eric D. Petersen prevailed in the case because the court found that the contempt order was an abuse of discretion, lacking the necessary elements to justify such a sanction.

The summary contempt order in this case is a paradigmatic instance of an abuse of discretion.

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