| Contempt of Court
in New Jersey
The judge must follow the following Rules and Statutes before fining
someone for contempt of court:
Rule 1:10-1. Summary Contempt in Presence of Court
A judge conducting a judicial proceeding may adjudicate contempt summarily
without an order to show cause if:
(a) the conduct has obstructed, or if continued would obstruct, the proceeding;
(b) the conduct occurred in the actual presence of the judge, and was
actually seen or heard by the judge;
(c) the character of the conduct or its continuation after an appropriate
warning unmistakably demonstrates its willfulness;
(d) immediate adjudication is necessary to permit the proceeding to continue
in an orderly and proper manner; and
(e) the judge has afforded the alleged contemnor an immediate opportunity
to respond.
The order of contempt shall recite the facts and contain a certification
by the judge that he or she saw or heard the conduct constituting the
contempt and that the contemnor was willfully contumacious. Punishment
may be determined forthwith or deferred. Execution of sentence shall be
stayed for five days following imposition and, if an appeal is taken,
during the pendency of the appeal, provided, however, that the judge may
require bail if reasonably necessary to assure the contemnor's appearance.
Rule 1:10-2. Summary Contempt Proceedings on Order to Show Cause or Order
for Arrest
(a) Institution of Proceedings. Every summary proceeding to punish for
contempt other than proceedings under R. 1:10-1 shall be on notice and
instituted only by the court upon an order for arrest or an order to show
cause specifying the acts or omissions alleged to have been contumacious.
The proceedings shall be captioned "In the Matter of ______ Charged
with Contempt of Court."
(b) Release Pending Hearings. A person charged with contempt under R.
1:10-2 shall be released on his or her own recognizance pending the hearing
unless the judge determines that bail is reasonably necessary to assure
appearance. The amount and sufficiency of bail shall be reviewable by
a single judge of the Appellate Division.
(c) Prosecution and Trial. A proceeding under R. 1:10-2 may be prosecuted
on behalf of the court only by the Attorney General, the County Prosecutor
of the county or, where the court for good cause designates an attorney,
then by the attorney so designated. The matter shall not be heard by the
judge who instituted the prosecution if the appearance of objectivity
requires trial by another judge. Unless there is a right to a trial by
jury, the court in its discretion may try the matter without a jury. If
there is an adjudication of contempt, the provisions of R. 1:10-1 as to
stay of execution of sentence shall apply.
Rule 1:10-3. Relief to Litigant
Notwithstanding that an act or omission may also constitute a contempt
of court, a litigant in any action may seek relief by application in the
action. A judge shall not be disqualified because he or she signed the
order sought to be enforced. If an order entered on such an application
provides for commitment, it shall specify the terms of release provided,
however, that no order for commitment shall be entered to enforce a judgment
or order exclusively for the payment of money, except for orders and judgments
based on a claim for equitable relief including orders and judgments of
the Family Part and except if a judgment creditor demonstrates to the
court that the judgment debtor has assets that have been secreted or otherwise
placed beyond the reach of execution. The court in its discretion may
make an allowance for counsel fees to be paid by any party to the action
to a party accorded relief under this rule. In family actions, the court
may also grant additional remedies as provided by R. 5:3-7. An application
by a litigant may be tried with a proceeding under R. 1:10-2(a) only with
the consent of all parties and subject to the provisions of R. 1:10-2(c).
The Supreme Court also issue a directive to Judges regarding the use
of Rule 1:10-1 (Contempt in Presence of Court) Directive #8-99 In 1994,
the Supreme Court amended Rule 1:10-1 to detail the basis for and procedures
governing the use of the summary contempt power. The Rule, as amended,
provides as follows: A judge conducting a judicial proceeding may adjudicate
contempt summarily without an order to show cause if: (a) the conduct
has obstructed, or if continued would obstruct the proceeding; (b) the
conduct occurred in the actual presence of the judge, and was actually
seen or heard by the judge; (c) the character of the conduct or its continuation
after an appropriate warning unmistakably demonstrates its willfulness;
(d) immediate adjudication is necessary to permit the proceeding to continue
in an orderly and proper manner; and (e) the judge has afforded the alleged
contemnor an immediate opportunity to respond. The order of contempt shall
recite the facts and contain a certification by the judge that he or she
saw or heard the conduct constituting the contempt and that the contemnor
was willfully contumacious. Punishment may be determined forthwith or
deferred. Execution of sentence shall be stayed for five days following
imposition and, if an appeal is taken, during the pendency of the appeal,
provided, however, that the judge may require bail if reasonably necessary
to assure the contemnor's appearance. All of the requirements of paragraphs
(a) through (e) must be met before a judge uses the summary contempt power.
In particular, you will note that the conduct must have obstructed the
proceeding and have been Actually seen or heard by the judge. The Rule
also provides for a warning and an opportunity for the party to respond,
all of which contemplates that the offending party is actually in the
presence of the judge when the conduct occurs. The significant changes
to Rule 1:10-1 were the result of a report by a special Summary Contempt
Subcommittee of the Civil Practice Committee. That Committee's recommendations
to the Supreme Court and the Court's adoption of those recommendations
make it abundantly clear that it is inappropriate for judges to use the
summary contempt power when confronted by offensive comments written in
letters, on checks, or on envelopes. If threatening language is used in
a written communication, the court should follow the established policy
contained in the 1988 Guidelines on:
Threats to Members of the Judiciary, (copy attached) rather than resorting
to the use of Rule 1:10-1. (For a discussion of the Supreme Court's concerns
that pre-dated the Committee's Report, see Matter of Daniels, 118 N.J.
51, 60 (1990).) Courts and court staff are obliged to process written
communications, including negotiable instruments, from litigants who gratuitously
include profane and scurrilous comments. This does not mean that such
submissions need always go unremarked. In an egregious case, a carefully
measured written response may be made. The content of such a response
cannot, however, implicate the powers provided under Rule 1:10-1.
CONTEMPT (N.J.S.A. 2C:29-9) The following is the Jury charge on Criminal
Contempt: The defendant is charged with committing the crime of contempt.
The Statutes of New Jersey describe the crime of "contempt"
as follows: A person is guilty of a crime . . . if he purposely or knowingly
disobeys a judicial order or hinders, obstructs or impedes the effectuation
of a judicial order or the exercise of jurisdiction over any person, thing
or controversy by a Court, administrative body or investigative entity.
In order for the defendant to be found guilty of contempt, you must find
each of the following elements beyond a reasonable doubt: [The Judge will
charge any or all of the following alternatives as appropriate.] Alternative
1: (Charge in the case of disobedience of an order.) 1. An Order of the
Court had been entered. 2. That the defendant knew of the existence of
the Order. 3. That the defendant purposely or knowingly disobeyed the
Order. A person has disobeyed a judicial order when that person has, with
knowledge of the existence of the order, purposely or knowingly refused
or failed to comply with an order as entered by the Court which applies
to (him/her). A court order may either be written or oral. In the case
at hand the proofs indicate that the order which the defendant has been
charged with disobeying was written/oral.
OR Alternative 2: Charge in the case of hindering, obstructing or impeding
the effectuation of a judicial order. 1. An order of the Court had been
entered. 2. That the defendant knew of the existence of the Order. 3.
The defendant purposely or knowingly hindered, obstructed or impeded the
fulfillment of the judicial order
KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge
Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030
TRIAL AND LITIGATION EXPERIENCE In his private practice, he has devoted
a substantial portion of his professional time to the preparation and
trial of litigated matters. He appears in Courts throughout New Jersey
several times each week on many personal injury matters, Criminal and
Municipal/ traffic Court trials, Probate hearings, and contested administrative
law hearings.
Mr. Vercammen served as the Prosecutor for the Township of Cranbury,
Middlesex County and was involved in trials on a weekly basis. He also
argued all pre-trial motions and post-trial applications on behalf of
the State of New Jersey.
He has also served as a Special Acting Prosecutor in Woodbridge, Perth
Amboy, Berkeley Heights, Carteret, East Brunswick, Jamesburg, South Brunswick,
South River and South Plainfield for conflict cases. Since 1989, he has
personally handled hundreds of criminal and motor vehicle matters as a
Prosecutor and now as defense counsel and has had substantial success.
Previously, Mr. Vercammen was Public Defender for the Township of Edison
and Borough of Metuchen and a Designated Counsel for the Middlesex County
Public Defender's Office. He represented indigent individuals facing consequences
of magnitude. He was in Court trying cases and making motions in difficult
criminal and DWI matters. Every case he personally handled and prepared.
His resume sets forth the numerous bar associations and activities which
demonstrate his commitment to the legal profession and providing quality
representation to clients.
Since 1985, his primary concentration has been on litigation matters.
Mr. Vercammen gained other legal experiences as the Confidential Law Clerk
to the Court of Appeals of Maryland (Supreme Court) with the Delaware
County, PA District Attorney Office handling Probable Cause Hearings,
Middlesex County Probation Department as a Probation Officer, and an Executive
Assistant to Scranton District Magistrate, Thomas Hart, in Scranton, PA.
Consequences of a Criminal Guilty Plea
1. You will have to appear in open court and tell the judge what you
did that makes you guilty of the particular offense(s)
2. Do you understand that if you plead guilty:
a. You will have a criminal record
b. You may go to Jail or Prison.
c. You will have to pay Fines and Court Costs.
3. If you are on Probation, you will have to submit to random drug and
urine testing. If you violate Probation, you often go to jail.
4. In indictable matters, you will be required to provide a DNA sample,
which could be used by law enforcement for the investigation of criminal
activity, and pay for the cost of testing.
5. You must pay restitution if the court finds there is a victim who
has suffered a loss and if the court finds that you are able or will be
able in the future to pay restitution.
6. If you are a public office holder or employee, you can be required
to forfeit your office or job by virtue of your plea of guilty.
7. If you are not a United States citizen or national, you may be deported
by virtue of your plea of guilty.
8. You must wait 5-10 years to expunge a first offense. 2C:52-3
9. You could be put on Probation.
10. In Drug Cases, a mandatory DEDR penalty of $500-$1,000, and lose
your driver's license for 6 months - 2years. You must pay a Law Enforcement
Officers Training and Equipment Fund penalty of $30.
11. You may be required to do Community Service.
12. You must pay a minimum Violent Crimes Compensation Board assessment
of $50 ($100 minimum if you are convicted of a crime of violence) for
each count to which you plead guilty.
13. You must pay a $75 Safe Neighborhood Services Fund assessment for
each conviction.
14. If you are being sentenced to probation, you must pay a fee of up
to $25 per month for the term of probation.
15. You lose the presumption against incarceration in future cases. 2C:44-1
16. You may lose your right to vote.
The defense of a person charged with a criminal offense is not impossible.
There are a number of viable defenses and arguments which can be pursued
to achieve a successful result. Advocacy, commitment, and persistence
are essential to defending a client accused of a criminal offense.
Jail for Crimes and Disorderly Conduct:
If someone pleads Guilty or is found Guilty of a criminal offense, the
following is the statutory Prison/Jail terms.
NJSA 2C: 43-8 (1) In the case of a crime of the first degree, for a specific
term of years which shall be fixed by the court and shall be between 10
years and 20 years;
(2) In the case of a crime of the second degree, for a specific term
of years which shall be fixed by the court and shall be between five years
and 10 years;
(3) In the case of a crime of the third degree, for a specific term of
years which shall be fixed by the court and shall be between three years
and five years;
(4) In the case of a crime of the fourth degree, for a specific term
which shall be fixed by the court and shall not exceed 18 months.
2C:43-3 Fines have been increased recently! 2C:43-3. Fines and Restitutions.
A person who has been convicted of an offense may be sentenced to pay
a fine, to make restitution, or both, such fine not to exceed:
a. (1) $200,000.00 when the conviction is of a crime of the first degree;
(2) $150,000.00 when the conviction is of a crime of the second degree;
b. (1) $15,000.00 when the conviction is of a crime of the third degree;
(2) $10,000.00 when the conviction is of a crime of the fourth degree;
c. $1,000.00, when the conviction is of a disorderly persons offense;
d. $500.00, when the conviction is of a petty disorderly persons offense;
If facing any criminal charge, retain an experienced attorney immediately
to determine you rights and obligations to the court. Current criminal
charge researched by Kenneth Vercammen, Esq. 732-572-0500
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