- Joined
- Dec 15, 2012
- Messages
- 19,653
- Reaction score
- 12,218
- Location
- Lawn Guyland
- Gender
- Male
- Political Leaning
- Libertarian
Re: Ala Chief Justice Tells Judges: Refuse Gay Marriage Licenses
Fair enough. My understanding is that you don't have to be a party to the lawsuit to be held in civil contempt. You only need to be subject to a court order. Judge Garande denied the contempt motion because in her words "the order didn't directly order [Probate Judge] Davis to do anything." She drafted the order so we have to take her word for it's interpretation but I read it to be inclusive of all state agents.
In any case you're right. They'll be added as defendants in the next few days and will either comply or be held in contempt.
I made the point when people in this thread were claiming these probate judges were breaking the law, acting in contempt, were going to be sued and disbarred for their refusal to issue licenses. All false because they were not a party to the lawsuit and therefore are not (yet) required to abide by the decision. As I also said earlier, this will likely change starting tomorrow when the judge hears requests to add the first judge as a defendant.
Fair enough. My understanding is that you don't have to be a party to the lawsuit to be held in civil contempt. You only need to be subject to a court order. Judge Garande denied the contempt motion because in her words "the order didn't directly order [Probate Judge] Davis to do anything." She drafted the order so we have to take her word for it's interpretation but I read it to be inclusive of all state agents.
In any case you're right. They'll be added as defendants in the next few days and will either comply or be held in contempt.