Appeal: Denied FCR 46 - Contempt Appeal Request

[Alexander P. Love]

Client Name: Aladeen22
Counsel Name: AlexanderLove
Were you originally the plaintiff or the defendant: Plaintiff
Reason for the Appeal: I was charged with contempt for willingly choosing not to provide a closing statement. A statement is a voluntary document submitted to the Court to wrap up a case. While closings are helpful, they are not inherently required, certainly not to the point where you can get charged with contempt for not providing one. There may be strategic value in not providing a closing statement, or any other statement. Even if a statement is required, I could submit " " as my closing which is effectively nothing. The Court cannot regulate what is submitted, and due to freedom of speech, the freedom not to speak is an implied right. It simply cannot be policed.
Additional Information: I am appealing only the contempt of Court charge in this appeal.

 

[Taelor]

The courts have received your appeal request. Due to both of our current Justices (Sumo & Relaxed) having been involved in the original case, neither are able to work on this appeal. This case is in recess pending the appointment of another Justice.

 

[Dartanboy]

As Sumo was involved in the case, this appeal cannot be considered until a third Justice is appointed.

 

[Alexander P. Love]

As Sumo was involved in the case, this appeal cannot be considered until a third Justice is appointed.

Your honor, I am voluntarily willing to allow Sumo to consider this case as he wasn’t directly involved in the incident in which I am appealing.

 

[Dartanboy]

IN THE SUPREME COURT OF THE COMMONWEALTH OF REDMONT
DECISION ON APPEAL

The Supreme Court has unanimously decided to  deny this appeal. The decision is authored by Chief Justice Dartanboy and Justice xEndeavour. Justice SumoMC signed on in concurrence.

Verdict

This Appeal is brought forth by a lawyer - whom I will refer to as the Plaintiff for this appeal - who was charged with Contempt of Court for failing to provide a Closing Statement. The Plaintiff does not contest the fact that they failed to provide a Closing Statement, but argues that Closing Statements are voluntary. I will address each point separately:

As seen in the Court Rules and Procedures (Information - Court Rules and Procedures), Court Proceedings generally follow the outline provided, and for civil proceedings, both the Plaintiff and Defendant are expected to file a Closing Statement. They are required, and failing to provide a Closing Statement disobeys Court Procedure, which meets the definition of Contempt of Court.

Whilst it may be true that there could be strategic value in not posting a Closing Statement, that does not make it fair nor legal. There is certainly strategic value in disobeying many laws, but that is not a valid defense for doing so.

The Plaintiff also claims that the Court cannot regulate what is submitted due to the Freedom of Speech, however, there is no right to free speech in Redmont - and if there was, the Constitution allows for reasonable limits prescribed by law, justified in a free and democratic society. Certainly, keeping order in the court through the laws about Contempt of Court meets the requirement for this clause.

While you may have chosen to not provide a closing statement, whether for strategic effect or not, you have wasted the Court's time and resources. Further, you have delayed the trial of the Defendant. Had you informed the Court, it is likely you would have not been found in contempt for what is more or less failing to present at all for three days.

I vote to rule against the appeal.