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VANGUARD ENGINEERING v. SUPERIOR COURT

No. 1 CA-SA 90-188.

166 Ariz. 405 (1990)

803 P.2d 126

VANGUARD ENGINEERING, by Herb PHELAN, Owner, Petitioner, v. SUPERIOR COURT OF the STATE OF ARIZONA, In and For the COUNTY OF MARICOPA, Honorable Michael O. Wilkinson, a judge thereof, Respondent Judge, Donna Sue THARP and John Wesley Tharp, Real Parties in Interest.

Court of Appeals of Arizona, Division 1, Department D.

December 13, 1990.

Attorney(s) appearing for the Case

Herb Phelan, Phoenix, in pro. per.

Robert K. Corbin, Atty. Gen. by Robert J. Sokol, Asst. Atty. Gen., Phoenix, for real parties in interest.

OPINION

KLEINSCHMIDT, Presiding Judge.

In this case we hold that the trial judge erred in fining the petitioner $5,000 as a penalty for failing to honor a wage assignment for child support payments. The trial court treated the petitioner's disobedience of the order as a criminal contempt of court without affording the petitioner the rights and safeguards provided for by the Arizona Rules of Criminal Procedure.

The case arose as follows. Donna Sue Tharp...

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