In re Yengo

84 N.J. 111, 417 A.2d 533 (1980)

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In re Yengo

New Jersey Supreme Court
84 N.J. 111, 417 A.2d 533 (1980)

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  • Written by Alex Ruskell, JD

Facts

John Yengo (defendant) represented Leo Leone, one of 10 defendants in a gambling-conspiracy trial. The complexity of the case presented difficult trial problems, so the judge instructed the numerous defense attorneys involved that she would not tolerate tardiness or absence without her prior approval. Yengo appeared in court regularly from February 21 until March 2, when he failed to appear and sent an unprepared attorney in his place. The judge tried to get in contact with Yengo several times but was informed Yengo was in Bermuda until March 5. The trial continued without Yengo. Instead of issuing a contempt citation immediately, the judge ordered Yengo to appear in court on March 6 to explain himself. When Yengo returned, he stated he had been in Bermuda for business. The judge found Yengo’s explanation inadequate and summarily found Yengo guilty of direct criminal contempt. Yengo appealed, and the appellate division ruled in Yengo’s favor. The trial court appealed to the New Jersey Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Pollock, J.)

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Casebooks

Remedies

Key Terms

  • Criminal ContemptViolation of a court order or other conduct that interferes with the judicial process and obstructs justice; the purpose of criminal contempt actions is to punish the violating party.

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