In re Kendall
2011 V.I. Supreme LEXIS 42
Supreme Court of The Virgin Is...2011Background
- The Virgin Islands Supreme Court ordered Kendall to show cause why he should not be held in indirect criminal contempt after rulings in Ford/Paris matters.
- A Special Master was appointed (Dec. 18, 2009) to conduct a show cause hearing and propose findings of fact and conclusions of law.
- Kendall issued a controversial July 7, 2009 opinion accusing the Court of impropriety and misconduct, and recused himself from the case.
- The May 13, 2009 mandamus opinion directed Kendall to conduct proceedings consistent with that opinion, including consideration of curative measures.
- At the April 2010 hearing, the People presented witnesses; Kendall sought judgment of acquittal and later proposed findings of fact and law.
- The Special Master’s December 22, 2010 Recommendation found some support for conviction but restructured the First Amendment analysis; the Court ultimately held Kendall guilty on multiple counts and scheduled sentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Kendall obstructed the administration of justice | People | Kendall | Kendall guilty of indirect criminal contempt for obstruction |
| Whether Kendall failed to comply with the May 13, 2009 Opinion and Order | People | Kendall | Kendall guilty of indirect criminal contempt for noncompliance |
| Whether Kendall misbehaved in official transactions as a judge and attorney | People | Kendall | Kendall guilty of indirect criminal contempt for misbehavior in official transactions |
Key Cases Cited
- Bridges v. California, 314 U.S. 252 (1941) (establishes contempt authority and necessary standards)
- Pennekamp v. Florida, 328 U.S. 331 (1946) (contempt standards in broadcasted or public statements)
- Gentile v. Nevada, 501 U.S. 1030 (1991) (limits on speech by lawyers; substantial likelihood standard)
- Warlick, 742 F.2d 113 (4th Cir. 1984) (obstruction standard in contempt context)
- Garrison v. Louisiana, 379 U.S. 64 (1964) (First Amendment limits in criminal contempt)
- In re Burke, 50 V.I. 346 (V.I. 2008) (Virgin Islands contempt authority and procedures)