Will the San Diego Federal Judge Put Stephen Barrett in Jail?…
Monday June 7th, 2010
Opinion by Consumer Advocate Tim Bolen
Oh my, the “Barrett Settlement” story,
http://bolenreport.com/feature_articles/feature_article091.htm
Will the San Diego Federal Judge Put Stephen Barrett in Jail?.. in San Diego, is getting even better. It seems that now the Federal judge in the case has assigned a Federal Magistrate Judge, Judge Cathy Ann Bencivengo “to retain jurisdiction for settlement purposes.”
Wow – this could could get interesting. VERY interesting. I’ll explain.
I have a copy, right here on my desk, of the settlement statement wording agreed to, and ORDERED by the Court, and so far, I don’t see that wording on Barrett’s website, nor do I see his minions mouthing those COURT ORDERED words. Apparently they must all be in shock and cannot bring themselves to comply with the Court Order.
And NO, I’m not going to tell you what those COURT ORDERED words are.
http://bolenreport.com/feature_articles/feature_article091.htm
I’m going to wait and see what happens. Frankly, I hope Barrett decides to defy the Federal Magistrate Judge. Then Negrete can file for an Order of Contempt. Being called on the carpet in front of a Federal Judge could have serious consequences for Barrett.
Contempt, in a Federal court, is taken very seriously. Below is the official definition:
CONTEMPT OF COURT
Any willful disobedience to, or disregard of, a court order or any misconduct in the presence of a court; action that interferes with a judge’s ability to administer justice or that insults the dignity of the court; punishable by fine or imprisonment or both. There are both civil and criminal contempts; the distinction is often unclear.
Contempt Of Court – Civil Or Criminal
A judge who feels someone is improperly challenging or ignoring the court’s authority has the power to declare the defiant person (called the contemnor) in contempt of court. There are two types of contempt, criminal and civil. Criminal contempt occurs when the contemnor actually interferes with the ability of the court to function properly – for example, by yelling at the judge. This is also called direct contempt because it occurs directly in front of the judge. A criminal contemnor may be fined, jailed or both as punishment for his act.
Civil contempt occurs when the contemnor willfully disobeys a court order. This is also called indirect contempt because it occurs outside the judge’s immediate realm and evidence must be presented to the judge to prove the contempt. A civil contemnor, too, may be fined, jailed or both. The fine or jailing is meant to coerce the contemnor into obeying the court, not to punish him, and the contemnor will be released from jail just as soon as he complies with the court order. In family law, civil contempt is one way a court enforces alimony, child support, custody and visitation orders which have been violated.
However, many courts have realized that, at least regarding various procedural matters such as appointment of counsel, the distinction between civil and criminal contempt is often blurred and uncertain.
