United Mine Workers V. Bagwell: New restrictions on severe civil contempt fines
In Bagwell II, the Supreme Court was asked to determine whether the trial court should have applied certain procedural protections, in effect limiting that court`s ability to impose millions of dollars in contempt sanctions. The Court found that the $52 million in fines levied against the United Mine Workers of America (UMWA) for violations of a Virginia Circuit Court`s order were {open_quotes}serious{close_quotes} enough to entitle the UMWA to the safeguards of a criminal jury trial. Bagwell Ii may be a step toward change. The Supreme Court acknowledged that its lack of guidance has resulted in an unrestrained use of the contempt power by lower courts. However, the Court refused to abandon the criminal/civil distinction created in Gompers, as some in favor of reform have suggested. Thus, the confusion over what constitutes a criminal contempt sanction as opposed to a civil contempt sanction continues. Bagwell II does appear to create a new catagory of indirect contempt. This catagory of contempt requires a level of procedural protection similar to those required in criminal contempt. The Court distinguishes these contempt from other civil contempt by considering the complexity of both the contemptuous conduct and the court order. As Justice Scalia noted in his concurring opinion, changes in use and form of court orders have made the traditional civil/criminal distinction an inadequate basis for attaching procedural rights.
- OSTI ID:
- 121489
- Journal Information:
- West Virginia Law Review, Vol. 97, Issue 4; Other Information: PBD: Sum 1995
- Country of Publication:
- United States
- Language:
- English
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