Code Attorney

What can be done when a defendant refuses to obey a court order, whether it’s fixing up properties or turning over documents?  The solution is the contempt power of the court which is the way that the court enforces its orders.  Without it, court orders would be toothless and unenforceable.  The court can order the defendant to be jailed until he or she complies or impose daily fines until there is compliance.  Most defendants will comply if there is such a threat.  The prosecutor usually begins the process by filing a document known as a rule to show cause why the defendant should not be held in contempt of court.  The defendant then gets an opportunity to show why he or she shouldn’t, usually by complying with the order.  This is why it’s so important to have the court issue an order and then set a deadline for compliance.  Once that date passes without compliance, the prosecutor can file such a motion and begin the process.  Without it, justice would grind to a halt.  In a Milwaukee case, a court appointed manager is asking the court to hold a defendant in contempt for failing to turn over records so the manager can do his job regarding the defendant’s properties. Every court is vested with this power so it can enforce its orders. Without it, enforcement against recalcitrant owners would be impossible.

Failure to retrofit older residential high rises with sprinklers continues to be controversial given the recent publicity surrounding the death of a man because of a fire in Trump Tower in New York. Building owners contend the cost of retrofitting is too expensive and that other safety measures can be taken.  The Society of Fire Protection Engineers (SFPE) discusses the problem in an article entitled High-rise Buildings: What Should We Do About Them? 

While the article is not recent, it is a thoughtful analysis of the history involved in this struggle.