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Concepts of contempt

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  • Email41@aol.com
    As I was contemplating the concept of contempt, as it relates to court issues, I seem to be unable to get beyond the idea that a ruling of contempt and
    Message 1 of 2 , Aug 2, 2006
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      As I was contemplating the concept of contempt, as it relates to court issues, I seem to be unable to get beyond the idea that a ruling of contempt and subsequent punishment for contempt violates all fundamental forms of due process. Therefore these questions arise.

      1.) Is a contempt order a violation of due process?
      2.) How does one become liable to a contempt order?
      3.) Could this possibly be the operation of an implied contract?
      4.) Following this line of reasoning, would a magistrate who held me in contempt be liable for damages under a 42 USC 1983?

      Shalom,
      email41
    • Joy Metcalf
      If you are threatened with contempt of court, it can only be for obstructing the administration of justice or the administration of the court, or being
      Message 2 of 2 , Aug 2, 2006
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        If you are threatened with contempt of court, it can only be for
        obstructing the administration of justice or the administration of the
        court, or being disrespectful to the court.

        A contempt order isn't a violation of due process in and of itself, but
        there are things you need to remember AND CHALLENGE. Otherwise it's
        agreement on your part. Everything is by agreement.

        There are two types of contempt: civil and criminal. Ask what kind of
        contempt it is.
        If civil, ask what is the contract you have breached? Say you do not agree
        to any contract. Mark Stevens goes one step further and asks whether it's
        in the nature of a tort or contract and if it's a tort, who is the injured
        party and what is the nature of the claim?
        If criminal, ask what is the constitutionally compliant law that was broken
        and who was injured?

        Moderator/Bear: While I do have a lot of respect for Mark Stephens, comments like these overlook the historical, common law purpose of contempt. If you say stuff like this there is no doubt you will throw the judge off balance, but, it will not be because of your witty questions; he will be off balance because he will be marveling at how little you know about contempt of court. If the judge is sending you off to jail for direct contempt, maybe you could get him to order you have access to the law library while in jail so you can find the key to your release among the law books there; namely, compliance with his order. In fact, comments like these are barely making it to this group on the basis that they are borderline patriot mythology that are unsupported by any kind of authority.

        You are entitled to a jury trial, starting with a
        grand jury, confronting the witnesses against you, discovery, etc.
        The reason that people go right to jail is because they don't know they are
        entitled to a trial.

        If the magistrate held you in contempt, and you signed all the paperwork to
        go to jail, you were there voluntarily. By your signature, you agreed. I
        don't know if there's any remedy after the fact.

        At 11:59 PM 8/2/2006 -0400, you wrote:
        >.) Is a contempt order a violation of due process?
        >2.) How does one become liable to a contempt order?
        >3.) Could this possibly be the operation of an implied contract?
        >4.) Following this line of reasoning, would a magistrate who held me in
        >contempt be liable for damages under a 42 USC 1983?


        ----------
        Joy Metcalf rosawoodsii@...

        The more corrupt the state, the more numerous the laws -- Roman senator
        Publius Cornelius Tacitus
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