Among the many issues included in the attorney's appeal, the attorney challenged the $7,500 fine on the ground that the penalty violated the ex post facto clauses of the United States and Michigan Constitutions. The amount of fine available under the criminal contempt statute changed while the attorney's contempt case was pending. The new legislation changed the maximum contempt fee from $250 to $7,500. MCL 600.1715(1). The attorney argued that her contemptuous acts occurred before March 30, 2007, so it violated her rights to fine her $7,500 for her conduct.
The Court of Appeals held that the “retroactive application of the amended version of MCL 600.1715 enhancing the fine recoverable from appellant violates constitutional ex post facto prohibitions by increasing the level of punishment applicable when appellant committed her criminal contempt before the amendment.” The Court vacated the $7,500 fine and remanded the case for compliance with the prior version of MCL 600.1715. The Court affirmed on all other grounds.
Labels: attorney, attorney fees, criminal contempt, Michigan, Oakland County, RPC, Rules of Professional Conduct