___________________
COURT
COUNTY OF ___________ STATE OF NEW YORK, PART ___
COUNTY OF ___________ STATE OF NEW YORK, PART ___
_______________________________
(SAMPLE)
_______________________________
SIR:
PLEASE
TAKE NOTICE that upon a transcript of the minutes of this court (a
copy of which is available for your inspection and copying in the
Court Clerk’s Office), you are hereby ordered to show cause at Part
___, to be held at the courthouse, ____________, New York, on the
______ day of _________, 20__, at ____ o’clock in the ____noon, why
you should not be adjudicated and punished for Criminal Contempt
pursuant to §§ 750 and 751 of the Judiciary Law for the following
specified contemptuous conduct:
SPECIFICATION
I
On
_________, 20__, at about _______, during a trial entitled The
People of the State of New York v. Richard Roe
and during a session of Part ___ of the court, and in full view and
presence and hearing of those who were in attendance before the
court, you addressed the court as follows:
“You
are a goddamn fool, and you don’t know what the hell you are
talking about; they never should have let you become a judge; you are
a danger to justice in this state.”
SPECIFICATION II
On
_________, 20__, at _______, during a trial entitled The
People of the State of New York v. Richard Roe and
during a session of Part ___ of the court and in full view and
presence, and in the hearing of the court, and in the full view and
presence and hearing of those who were in attendance before the
court, you addressed the court in a loud voice as follows:
“I
don’t care what you say and I don’t care what your directions
are. I will do what I please to defend my client and nobody,
including you, is going to do anything about it.”
That
the acts set forth in Specifications I and II consisted of
disorderly, contemptuous and insolent behavior committed during the
sitting of the court, in its immediate view and presence, which
obstructed and immediately threatened to obstruct the proceedings and
impaired the authority of the court over said proceedings in
violation of Subdivision 1 of Judiciary Law § 750(A), and the acts
set forth in Specifications I and II also consisted of a breach of
the peace, noise or other disturbance which interrupted and directly
tended to interrupt the court’s proceedings in violation of
Subdivision 2 of Judiciary Law § 750(A).
PLEASETAKE FURTHER NOTICE, that you are entitled to a hearing on the above
specifications; that you are entitled to the aid of counsel;
that you are entitled to a reasonable adjournment for the purposes of
obtaining counsel; that you are entitled to confront and examine
witnesses who may be called upon to testify; that you are entitled to
call witnesses on your own behalf; that you are entitled to
compulsory process for the purpose of calling witnesses.
PLEASE
TAKE FURTHER NOTICE, that if you fail to answer this citation as
ordered, a warrant for your arrest will be issued and you may be
subject to an additional citation for contempt of court for
disobedience of the same.
PLEASETAKE FURTHER NOTICE, that if you are adjudicated in Criminal Contempt
of Court, you are subject to a fine not exceeding $1,000, or to
imprisonment, not exceeding 30 days, or both.
Service
of this citation upon the alleged contemnor will be made by personal
service.
In
witness whereof, I have hereby set my hand and seal at ____________,
New York, on this _____ day of _______, 20__.
____________________________________
Justice/Judge of the ________ Court
Justice/Judge of the ________ Court
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