Splude v. Dugan

Summary

The Maine Supreme Judicial Court vacated a contempt judgment against James E. Dugan because the Superior Court authorized alternative service of the contempt subpoena based on an outdated affidavit and therefore provided insufficient notice and opportunity to be heard. The court held that, at a minimum, current evidence of diligent efforts to effect personal service was required before authorizing alternative service in a contempt proceeding. The court also noted that coercive imprisonment for failure to pay a compensatory fine requires separate findings that the defendant failed or refused to pay and had the ability to do so.

Holdings

1. Before authorizing service other than in hand to notify a party of a contempt hearing, the court must have sufficient evidence of a current diligent effort to effect personal service on the alleged contemnor. Reliance on an outdated affidavit did not provide sufficient notice or satisfy due process in this case.
2. A compensatory fine or judgment entered under Maine Rule of Civil Procedure 66(d)(3)(C) cannot support coercive imprisonment unless, after notice to the defendant, the court separately finds that the defendant failed or refused to pay and that payment was within the defendant's power.

Questions Presented

1. Whether the Superior Court's authorization of alternative service of a contempt subpoena and hearing notice provided constitutionally sufficient notice under Maine Rule of Civil Procedure 66(d)(2)(C) and due process.
2. Whether the Superior Court could order coercive imprisonment for failure to pay a compensatory contempt judgment without making the findings required by Maine Rule of Civil Procedure 66(d)(2)(D)(i) and (ii).

Disposition

vacated