United States District Court, E.D. California
ORDER TO SHOW CAUSE RE CRIMINAL CONTEMPT OF
Court has been provided information by way of a sworn
affidavit from the Jury Administrator for the U.S. District
Court for the Eastern District of California (Attachment A)
indicating that Orey Sloan, an individual who the Court
understands resides at 2617 N. Arthur Ave., Fresno. CA 93705,
used abusive and threatening language toward employees of
this Court on Court property on or about September 20, 2019.
Mr. Sloan was part of a jury panel summoned to appear in a
courtroom in this Courthouse on September 17, 2019. He
returned to the jury assembly room the morning of September
20, 2019, and proceeded to, among other things, verbally
abuse this Court's Jury Commissioner.
18 U.S.C. § 401, this Court has the "power to
punish by fine or imprisonment, or both, at its discretion,
such contempt of its authority, and none other, as--(1)
Misbehavior of any person in its presence or so near thereto
as to obstruct the administration of justice; (2) Misbehavior
of any of its officers in their official transactions; (3)
Disobedience or resistance to its lawful writ, process,
order, rule, decree, or command." Federal Rule of
Criminal Procedure 42(a) provides in pertinent part:
(a) Disposition After Notice. Any person who commits criminal
contempt may be punished for that contempt after prosecution
(1) Notice. The court must give the person notice in open
court, in an order to show cause, or in an arrest order. The
(A) state the time and place of the trial;
(B) allow the defendant a reasonable time to prepare a
(C) state the essential facts constituting the charged
criminal contempt and describe it as such.
(2) Appointing a Prosecutor. The court must request that the
contempt be prosecuted by an attorney for the government,
unless the interest of justice requires the appointment of
another attorney. If the government declines the request, the
court must appoint another attorney to prosecute the
(3) Trial and Disposition. A person being prosecuted for
criminal contempt is entitled to a jury trial in any case in
which federal law so provides and must be released or
detained as Rule 46 provides. If the criminal contempt
involves disrespect toward or criticism of a judge, that
judge is disqualified from presiding at the contempt trial or
hearing unless the defendant consents. Upon a finding or
verdict of guilty, the court must impose the punishment.
to 1 8 U.S.C. § 401 and Federal Rule of Criminal
Procedure 42(a), the undersigned, as Chief of this District,
ORDERS Mr. Sloan to SHOW CAUSE why he should not be held in
criminal contempt for his conduct. See Fed. R. Crim.
P. 42(a)(3). Mr. Sloan is FURTHER ORDERD to appear in
person in Courtroom 4 (LJO) on Wednesday, September
25, 2019, at 9:00 am, to provide a response to this Order to
Show Cause, either in writing or orally. Depending on the
outcome of the OSC hearing, the Court may request that the
U.S. Attorney's Office for the Eastern District of
California prosecute the matter, see Fed. R. Crim.
P. 42(a)(2), and shall appoint the Federal Defender's
office for the Eastern District of California to represent
Mr. Sloan should he qualify for their services. He may retain
his own counsel should he wish to do so.
Heather Mabe Greeley, hereby declare under penalty of perjury
that the following is true and correct. I am employed as the
Jury Administrator for the U. 5. District Court, Eastern
District of California.
morning of September 20, 2019 at approximately 8:00 a.m. just
after opening the doors to the jury assembly room, a trial
juror came in to validate his parking, and soon after entered
Mr. Orey Sloan. Mr. Stoan had been a juror in Judge
Ishii's September 17th ...