Wednesday, June 10, 2009

"...Failure to Appear Shall Result in a Warrant for His Arrest"

[One interesting (and continuing) side-drama that emerged from the Preliminary Injunction hearing was a show cause Order entered by the judge against Johnny Chisholm, threatening him with arrest if he did not attend a July 16 contempt hearing for alledged violations of the TRO during OMW. These two Facebook entries pretty much tell the story of where we are with that:]

You wrote on June 10, 2009 at 2:17pm: Just when you thought the legal dimensions of OMW could not get any more remarkable! The two-page order is now posted in the photo section; here is the text version [replaced by actual copy] of the just entered Order to Show Cause on Johnny Chisholm:


So there you have it. Ignore everything I said about "show cause" two posts up. Instead substitute it with this:

1) Johnny Chisholm has to show up before the judge in person, on July 16, 2009, in Pensacola, to explain what appears to be a willful violation of the judge's TRO, and

2) If he fails to appear, it "shall result in a warrant for his arrest."

Reading the tea leaves here, folks: This is one pissed off Federal judge.
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You wrote on July 16, 2009 at 4:57pm: Johnny Chisholm's "show cause" hearing occured today on schedule at 1pm at the Federal courthouse in Pensacola. Mr. Chisholm was present. Filed today were the minutes of that hearing:

There was no decision made at the hearing, apparantly...just defense argument and testimony by Johnny Chisholm. The plaintiffs seem to have been there merely as observers, because they didn't make the motion for contempt...the judge did that on his own...so, they weren't able to ask questions.

I'll check back tomorrow, of course, to see what kind of decision emerges from this. But that's all the filings for today.
[It is now October 11, 2009 as I type this, and to the best of my knowledge no decision has yet emerged. This contempt of court issue has been hanging like a Sword of Damocles over Johnny Chisholm's head since July 16; possible outcomes run from nothing happening, to jail time being meted out. Although truth be told, jail sentences for contempt of court in civil cases are exceedingly rare, with sanctions and fines being the norm in cases like this.]

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