United States Third Circuit

Petitioner-judge's convictions for criminal contempt arising out of his published opinion chastising a writ issued to his court by the Virgin Islands Supreme Court, and his subsequent recusal from the case, are vacated, where: 1) the First Amendment protects a sitting judge from being criminally punished for his opinion unless that opinion presents a clear and present danger of prejudicing ongoing proceedings; 2) the petitioner-judge's opinion did not pose such a threat; 3) there is insufficient evidence that petitioner-judge disobeyed any unambiguous term of the writ of mandamus; and 4) there is insufficient evidence that his recusal was pretextual.

Appellate Information

• Decided 04/03/2013
• Published 04/03/2013

Judges

• SMITH

Court

• United States Third Circuit

Counsel