Countywide : Lawyer’s Contempt Citation Annulled

The 2nd District Court of Appeal has annulled a contempt-of-court citation against Ventura County Public Defender Kenneth I. Clayman, saying the Superior Court judge failed to issue the citation properly.

Ventura County Superior Court Judge James M. McNally found Clayman in contempt last April 2 after he refused to obey McNally’s order to provide information to prosecutors in a drunk-driving case. Clayman argued that Proposition 115, a voter-approved initiative that required defense attorneys to provide some information to prosecutors, was unconstitutional.

McNally acknowledged that Clayman’s refusal to turn over witness lists and interview summaries was “quite respectful” and that “no malice was intended.” But the judge still fined Clayman $100.

In annulling the contempt citation, the appeal court ruled Jan. 30 that McNally should have issued a written order specifying that all the elements of contempt were present. In addition, the court said, at the time Clayman refused to obey the judge’s order, the issue was pending before the state Supreme Court and there was a reasonable expectation that Clayman’s view might prevail.