STATE v. MARTINA

No. 90-382.

135 N.H. 111 (1991)

THE STATE OF NEW HAMPSHIRE v. VINCENT C. MARTINA

Supreme Court of New Hampshire.

December 6, 1991.


Attorney(s) appearing for the Case

John P. Arnold, attorney general (Peter G. Beeson, assistant attorney general, on the brief and orally), for the State.

Law Offices of Andrew P. McEvoy, of Concord (Andrew P. McEvoy on the brief and orally), for the defendant.

Shaheen, Capiello, Stein & Gordon, of Concord (Stephen M. Gordon & a. on the brief, and Mr. Gordon orally), for the New Hampshire Bar Association, as amicus curiae.


HORTON, J.

This case presents the primary question whether a district court judge possesses the authority to sanction misconduct which occurs in his presence through direct criminal contempt, and also addresses a number of related procedural issues. For the reasons stated herein, we hold that a district court judge does have such authority, and vacate and remand so that a hearing may be held after the contemnor has received proper notice.

On August 16, 1990...

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