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United States v. Seltzer

A finding of an attorney's bad faith is not a necessary prerequisite to a district court's exercise of its inherent powers to impose a sanction for attorney misconduct.

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The full case caption appears at the end of this opinion.

PARKER, C.J. – Appellant Marion Seltzer appeals from the June 4, 1999, Order of the United States District Court for the Eastern District of New York, which directed her to pay a $350 fine for her alleged failure to return to court on time. Following the oral imposition of this sanction, the district court issued a written order on June 22, 1999, stating that it was imposing sanctions for appellant’s tardiness in returning to court for the jury verdict, and it was basing its authority on its inherent power to manage its own affairs. On appeal, Seltzer argues that the evidence supporting the sanction was insufficient and that she was not afforded procedural due process. She also contends that the sanction cannot be upheld because there is no indication of bad faith on her part, and bad faith is required prior to imposition of a sanction pursuant to the inherent powers of the court. For the reasons set out below, we reject appellant’s argument that a finding of bad faith is a necessary prerequisite to imposing a sanction under the district court’s inherent powers, under the circumstances of this case, but we vacate the order and remand to the district court because the record does not contain the facts necessary for our review of the imposition of the sanction.

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