Contempt Order for Late Arrival Reversed

In re Contempt Order, 2006 WL 833131 (3/31/06) - Good news for anyone planning on arriving late for a hearing. The 10th held the magistrate judge abused her/his discretion when s/he issued a summary criminal contempt order against a prosecutor who arrived 5 minutes late for a hearing. The contempt (the prosecutor's absence) did not occur in the judge's presence, there was no evidence the prosecutor knew of the judge's standing policy of a $ 50 fine for anyone who is late, there was no evidence of a series of events suggesting conscious disregard of the court's procedures, there was no evidence the lateness obstructed the administration of justice, since the prosecutor was ready to proceed when it was his turn to speak, and the judge never asked why the prosecutor was late.