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State Citation Question Brief answer Language from the opinion When does the case apply?
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Minnesota Hopp v. Hopp, 156 N.W.2d 212, 216 (1968)
Trial judge has measure of authority and discretion in civil contempt proceedings, particularly in divorce cases where alimony and support are ordered, far in excess of that existing in criminal
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cases because of limited and essential purpose of civil contempt proceedings.
The process by which this power is exercised is termed a civil contempt proceeding. The distinctive quality of a civil, as distinguished from a criminal, contempt is that of purpose.
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In exercising civil contempt powers in divorce cases, the only objective is to secure compliance with an order presumed to be reasonable. Punishment for past misconduct is not involved; that is a field reserved to criminal proceedings of which criminal contempt is one example. Peterson v. Peterson, Minn., 153 N.W.2d 825; Zieman v. Zieman, 265 Minn. 190, 121 N.W.2d 77; 17 C.J.S. Contempt ss 5(2) to 7. Because of the limited and essential purpose of civil contempt proceedings, particularly in divorce cases where alimony and support are ordered, we must recognize here a measure of authority and discretion in the trial judge far in excess of that which exists in criminal cases. In civil contempt, the function of the court is to make the rights of one individual as against another meaningful. When the duty is performed, the concern of the court is satisfied. If the duty is one specifically defined by a proper decree of the court, it must be free to compel performance by methods with are speedy, efficient, and sufficiently flexible to meet the problem at hand. Particularly in support cases, the proper discharge of the judge's responsibilities should not be frustrated by delay and formalism. Hopp v. Hopp, 156 N.W.2d 212, 216 (1968)
Enforcement
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Wisconsin Will v. State, 267 N.W.2d 357, 359 (Wis. S. Ct. 1978). Other applicable case law
“[T]he Court held that the equal protection clause restricts the state's power to collect a fine from a defendant without the means to pay. We have previously held that: “What
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these cases (Williams, Morris, and Tate ) teach is that one who has been convicted of a crime and fined is not to be imprisoned in satisfaction of the fine or in lieu thereof if he is unable to pay the fine.” State ex rel. Pedersen v. Blessinger, 56 Wis.2d 286, 289, 201 N.W.2d 778, 780 (1972). Under the Williams, Morris, and Tate rationale, no equal protection violation occurs when an indigent offender is originally sentenced to confinement; for when he is originally sentenced to confinement, he is being punished for the crime. But once a sentencing judge has determined a fine to be the appropriate penalty, a defendant who is incarcerated merely because he is without the means to pay the fine is being incarcerated not for the crime but for his poverty, and such incarceration is illegal. On the other hand, when an indigent defender upon whom a fine has been imposed lacks the diligence to meet a reasonable payment schedule, his refusal to pay the fine results from contumacy and not indigence, and incarceration is permissible to punish the refusal to pay.” “But once the sentencing court determines that a fine is an appropriate sanction under the circumstances and that the defendant has the ability to pay it, an indigent offender should be accorded a fair method of paying his fine. Though in Pedersen this court declined to require the trial court to use the installment method when dealing with indigent offenders holding that a future date for total payment in lieu of payment in installments is acceptable, some commentators on sentencing have observed that in almost every case imprisonment can be avoided by allowing the indigent to pay his fine over time. We encourage trial courts to use the installment method, since a simple installment checkoff system at the trial court level would not be difficult to establish.” Id. at 360. “[W]e find no authority, either in the statutes or our cases, for the permanent suspension of a sentence. As long as the defendant is afforded a reasonable payment schedule and as long as he is not imprisoned for his inability to pay the fine, we find no constitutional bar to the state's attempting to collect a fine for an indeterminate period of time.” Id. at 361.
Enforcement