Robertson v. United States, ex rel. Watson
Issues
Can an individual constitutionally bring a cause of action for criminal contempt against another individual?
In March of 1999, Respondent Wykenna Watson obtained a civil protection order (“CPO”) against Petitioner John Robertson, alleging Robertson attacked her in March 1999. In June of 1999, Robertson violated his CPO when he attacked Watson again. In a plea bargain with the United States Attorney’s Office, Robertson agreed to plead guilty to attempted aggravated assault for the March incident in return for the United States’ agreement not to pursue two other charges arising from the June incident. Afterwards, Watson brought a criminal contempt action against Robertson, alleging that the June incident violated the CPO. The trial court convicted Robertson of three violations of his CPO, and Robertson subsequently petitioned to have his convictions vacated. Robertson argued that Watson’s criminal contempt action violated his plea bargain with the United States because criminal contempt proceedings are necessarily brought on behalf of the United States. In this case, the Supreme Court’s decision may alter criminal contempt proceedings in the face of plea bargains and affect the balance of power between the branches of government.
Questions as Framed for the Court by the Parties
Whether an action for criminal contempt in a congressionally created court may constitutionally be brought in the name and pursuant to the power of a private person, rather than in the name and pursuant to the power of the United States.
In March 1999, Respondent Wykenna Watson obtained a temporary protection order in the Family Division of the Superior Court of the District of Columbia against Petitioner John Robertson. In re Robertson, 940 A.2d 1050, 1052 (D.C. 2008). Watson alleged that, on March 27, 1999, Robertson had “repeatedly pursued and hit her on various parts of her body . . .
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Additional Resources
· WomensLaw.org: District of Columbia: Restraining Orders
· LII/Wex: Contempt
· LII/Wex: Separation of powers