Legal Opinion

In re the Interest of Mowery

Court of Appeals of Washington

Decided October 22, 2007No. 58938-5-IPublishedCited by 10 opinions

1Opinion of the CourtBeckek, J.

¶1 A juvenile court resorted to its inherent authority to punish a disobedient juvenile for contempt. At *268his father’s request, the court sentenced the juvenile unconditionally to 30 days in detention, a criminal sanction. It is well established that a criminal contempt sanction should not be imposed unless it is sought by a disinterested public prosecutor in an action separate from the underlying civil dispute. Washington’s criminal contempt statute incorporates these principles of procedural fairness. Because the court did not refer the matter for a statutory prosecution or explain why the…

2Cases cited16 opinions

  1. Gompers v. Bucks Stove & Range Co.Supreme Court of the United States · 1911
  2. United States v. CruikshankSupreme Court of the United States · 1876
  3. International Union, United Mine Workers v. BagwellSupreme Court of the United States · 1994
  4. Bloom v. IllinoisSupreme Court of the United States · 1968
  5. Young v. United States Ex Rel. Vuitton Et Fils S. A.Supreme Court of the United States · 1987

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3Cited by10 opinions

  1. In re the Marriage of FreemanWashington Supreme Court · 2010
  2. Swain v. StateWyoming Supreme Court · 2009
  3. In Re HudgensCourt of Appeals of Washington · 2010
  4. In re the Marriage of FreemanCourt of Appeals of Washington · 2008
  5. In re the Postsentence Review of HudgensCourt of Appeals of Washington · 2010

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