ORDER TO SHOW CAUSE (SAMPLE)

___________________ COURT
COUNTY OF ___________ STATE OF NEW YORK, PART ___

_______________________________

[Use Caption as per Mandate of ORDER TO SHOW
Commitment, supra] CAUSE

(SAMPLE)

_______________________________

TOJOHN J. DOE, ESQ.

SIR:

PLEASETAKE NOTICE that upon a transcript of the minutes of this court (a copy of which is available for your inspection and copying in the Court Clerk’s Office), you are hereby ordered to show cause at Part ___, to be held at the courthouse, ____________, New York, on the ______ day of _________, 20__, at ____ o’clock in the ____noon, why you should not be adjudicated and punished for Criminal Contempt pursuant to §§ 750 and 751 of the Judiciary Law for the following specified contemptuous conduct:

SPECIFICATION I

On _________, 20__, at about _______, during a trial entitled The People of the State of New York v. Richard Roe and during a session of Part ___ of the court, and in full view and presence and hear­ing of those who were in attendance before the court, you addressed the court as follows:

“You are a goddamn fool, and you don’t know what the hell you are talking about; they never should have let you become a judge; you are a danger to justice in this state.”

SPECIFICATION II

On _________, 20__, at _______, during a trial entitled The People of the State of New York v. Richard Roe and during a session of Part ___ of the court and in full view and presence, and in the hearing of the court, and in the full view and presence and hearing of those who were in attendance before the court, you addressed the court in a loud voice as follows:

“I don’t care what you say and I don’t care what your directions are. I will do what I please to defend my client and nobody, including you, is going to do anything about it.”

That the acts set forth in Specifications I and II consisted of disorderly, contemptuous and insolent behavior committed during the sitting of the court, in its immediate view and presence, which obstructed and immediately threatened to obstruct the proceedings and impaired the authority of the court over said proceedings in violation of Subdivision 1 of Judiciary Law § 750(A), and the acts set forth in Specifications I and II also consisted of a breach of the peace, noise or other disturbance which interrupted and directly tended to interrupt the court’s proceedings in violation of Subdivision 2 of Judiciary Law § 750(A).

PLEASETAKE FURTHER NOTICE, that you are entitled to a hearing on the above specifica­tions; that you are entitled to the aid of counsel; that you are entitled to a reasonable adjournment for the purposes of obtaining counsel; that you are entitled to confront and examine witnesses who may be called upon to testify; that you are entitled to call witnesses on your own behalf; that you are enti­tled to compulsory process for the purpose of calling witnesses.

PLEASE TAKE FURTHER NOTICE, that if you fail to answer this citation as ordered, a warrant for your arrest will be issued and you may be subject to an additional citation for contempt of court for disobedience of the same.

PLEASETAKE FURTHER NOTICE, that if you are adjudicated in Criminal Contempt of Court, you are subject to a fine not exceeding $1,000, or to imprisonment, not exceeding 30 days, or both.

Service of this citation upon the alleged contemnor will be made by personal service.

In witness whereof, I have hereby set my hand and seal at ____________, New York, on this _____ day of _______, 20__.

____________________________________
Justice/Judge of the ________ Court