Judge cannot hold lawyer in contempt without OSC and hearing.
In the Matter of
A proceeding to hold a lawyer in contempt based on nonappearance in court when required to attend should ordinarily be instituted by order to show cause pursuant to R. 1:10-2. A proceeding pursuant to R. 1:10-1 (in facie curiae) holding the lawyer in contempt for that reason is in any case defective if the adjudication precedes the lawyer's opportunity to explain the nonappearance if a finding that the lawyer was willfully contumacious is not made. Moreover, a contempt adjudication pursuant to R. 1:10-2 requires that the order include the recitations and certifications required by the rule. Send "I will be delayed" fax.
Kenneth Vercammen is a Litigation Attorney in Edison, NJ, approximately 19 miles north of Princeton. He often lectures for the American Bar Association and New Jersey State Bar Association on personal injury, criminal / municipal court law and practices to improve service to clients. He has published 125 articles in national and New Jersey publications on legal topics. He has served as a Special Acting Prosecutor in seven different cities and towns in New Jersey. He has spoken on Wills and Elder law on numerous occasions to the Adult Community Schools in Metuchen, Sayreville, Old Bridge, South Brunswick and Edison/Clara Barton Seniors and Perth Amboy Seniors.
In his private practice, he has devoted a substantial portion of his professional time to the preparation and trial of litigated matters. He has appeared in Courts throughout New Jersey several times each week on many personal injury matters, Municipal Court trials, arbitration hearings and contested hearings. He is also a popular speaker for the American Bar Association's General Practice Section and Law Practice Management Section.
Since 1985, his primary concentration has been on litigation matters. Mr. Vercammen gained other legal experiences as the Confidential Law Clerk to the Court of Appeals of Maryland (Supreme Court), with the Delaware County, PA District Attorney Office handling Probable Cause Hearings, Middlesex County Probation Dept as a Probation Officer, and an Executive Assistant to Scranton District Magistrate, Thomas Hart, in Scranton, PA
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Law Office of Kenneth Vercammen