Opinion
No. CR 10-400-PHX-MHM.
September 28, 2010
ORDER
The Court is in receipt of the Government's Memorandum Regarding Appointment of Counsel for Desiree Saunders and Ronald McBride. (Doc. 100). It appears that there may not be any absolute right to counsel in a civil contempt proceeding, see United States v. Rylander, 714 F.2d 996, 998 (9th Cir. 1983) (explaining that "criminal contempt proceedings, unlike civil contempt proceedings, require such protections as the sixth amendment right to counsel"); but see United States v. Sun Kung Kang, 468 F.2d 1368, 1369 (9th Cir. 1972) ("We have concluded that an indigent witness is entitled to appointed counsel in [a civil contempt] proceeding."). However, since this appears to be an unresolved issue, in an abundance of caution, the Court will appoint counsel for Desiree Saunders and Ronald McBride upon a showing that they are indigent. Mr. McBride and Ms. Saunders are instructed to return completed versions of the attached CJA Financial Affidavit at the October 4 hearing that is set for 2:00 PM.
Accordingly,
IT IS HEREBY ORDERED directing the Clerk of Court to send a copy of this Order and the attached CJA Financial Affidavit to Ronald J. McBride at P.O. Box 982, Florence, AZ 85132 and to Desiree Saunders, 3341 Arianna Court, Gilbert, AZ 85298.
DATED this 27th day of September, 2010.
Exhibit