U.S. Court of Appeals for the Ninth Circuit, 2006

MacIas v. McGrath

MacIas v. McGrath
U.S. Court of Appeals for the Ninth Circuit · Decided March 13, 2006 · Silverman, Graber, Clifton
439 F.3d 1141; 2006 WL 590371 (Federal Reporter, Third Series)

MacIas v. McGrath

Opinion

ORDER

Jeff Dominic Price, counsel for Plaintiff-Appellant Teresa Macias in the companion case, Macias v. McGrath, No. 04-15968, 1 appeals the district court’s published post-judgment Order Re Sanctions and Referral for Attorney Discipline, sanctioning him $1,500 for the unauthorized practice of law under Northern District of California Civil Local Rules 11-1(a), -8. See Macias v. McGrath, 322 F.Supp.2d 1041 (N.D.Cal. 2004). Price was not afforded all of the procedural protections required for due process in the context of criminal contempt proceedings. See F.J. Hanshaw Enters., Inc. v. Emerald River Dev., Inc., 244 F.3d 1128, 1139(9th Cir. 2001) (“We hold that when a court uses its inherent powers to impose sanctions that are criminal in nature, it must provide the same due process protections that would be available in a criminal contempt proceeding.”). We vacate the order without prejudice to future prosecution or disciplinary proceedings for the alleged violation.

VACATED WITHOUT PREJUDICE.

1

. We have resolved the appeal in a separate memorandum disposition, filed this date.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.