Court Error – Abuse of Discretion

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WI Court of Appeals – District III

Case Name: Shelly Ann Tauber v. Wayne Frances Tauber

Case No.: 2017AP1731

Officials: STARK, P.J.

Focus: Court Error – Abuse of Discretion

Wayne Tauber was held in contempt of court and sentenced to six months in jail, subject to several purge conditions, after the circuit court found he violated a court order governing the funeral arrangements for his and Shelly Tauber’s son. Wayne now argues that the court erroneously exercised its discretion in finding his conduct was contemptuous, that the six-month jail sentence was not a proper remedial contempt sanction, and that a purge condition preventing him from speaking negatively about Shelly was either unreasonable or infringed upon his right to free speech. We reject Wayne’s first argument and affirm in that respect. However, we conclude Wayne’s contempt was not continuing when the court imposed the remedial sanction, and, therefore, we reverse that part of the contempt order imposing and staying the jail sentence. With the jail sentence vacated, there is no sanction to purge. Accordingly, we also conclude Wayne’s challenge to the purge condition is moot, and we direct the court to vacate the jail sentence and the challenged purge condition on remand.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.