Ajh Ex Rel. Mjh v. Mahs
364 S.W.3d 680
| Mo. Ct. App. | 2012Background
- M.J.H. (Father) moved to modify custody in May 2009.
- Hais, Hais, Goldberg & Coyne (Appellant) represented Mother; discovered emails from Father; counsel reviewed and noted them.
- Appellant advised Mother not to use the emails in the custody case after ethics consultation.
- Mother attempted to use the emails despite advice; Appellant withdrew from representation.
- Father sought sanctions; after hearings, court imposed $25,000 sanctions against Appellant.
- Appellate standard: abuse of discretion governs sanctions; court later reversed on bad-faith grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether sanctions based on inherent power require bad-faith findings | Father: bad faith not required; findings unnecessary. | Hais: implicit bad-faith findings or evidence suffice. | Sanctions reversed; no bad-faith record supported. |
Key Cases Cited
- Chambers v. NASCO, Inc., 501 U.S. 32 (1991) (inherent powers to sanction; caution against misuse)
- Rea v. Moore, 74 S.W.3d 795 (Mo.App. S.D.2002) (inherent-power sanctions should be sparing and restrained)
- McPherson v. U.S. Physicians Mut. Risk Retention Group, 99 S.W.3d 462 (Mo.App. W.D.2003) (bad-faith requirement for sanctions; excessive power caution)
- Twiehaus v. Adolf, 706 S.W.2d 443 (Mo. banc 1986) (bad faith essential for sanctions; moral obliquity and deceit)