Ex Parte Hernandez

Ray 0. Hernandez was held in contempt for violating a 1983 judgment enjoining him from practicing dentistry. By petition for writ of habeas corpus, Hernandez asserts that he has been jailed without issuance of a proper order of commitment. We conclude that the judgment of contempt against Hernandez cannot serve as an order of commitment because it contains no directive to the sheriff or other appropriate officer, and that without an order of commitment Hernandez is not validly confined. We therefore order Hernandez discharged.

It is well established that both a written judgment of contempt and…