Robert Nelson Rector v. Kimberly Kay Ross, formerly known as Kimberly Kay Rector, Jaclyn Belcastro, as power of attorney for Kimberly Kay Ross, Thomas G. Dyer, and the Honorable Lori B. Jackson

Summary

The Supreme Court of Appeals of West Virginia reviewed a circuit court’s monetary sanction against attorney Gregory H. Schillace and its dismissal of Robert Rector’s petition for a writ of prohibition concerning a family court contempt proceeding. The court held that the monetary sanction was a contempt sanction and that Schillace was entitled to a jury trial under In re Frieda Q. The court affirmed the dismissal of the writ of prohibition, reversed the monetary sanction, and remanded for further proceedings.

Holdings

1. The $5,000 monetary fine imposed on Rector's attorney was a contempt sanction, not merely a sanction imposed under the circuit court's inherent authority.
2. Because the $5,000 sanction was a monetary penalty payable to the court or the State, the attorney was entitled to a jury trial.
3. The circuit court properly dismissed the writ of prohibition because the family court had jurisdiction to address the contempt issues after the appellate proceeding was dismissed and the stay was no longer in effect.

Questions Presented

1. Whether the circuit court's $5,000 monetary sanction against Rector's attorney was a contempt sanction or an exercise of inherent authority.
2. Whether the attorney was entitled to a jury trial before imposition of the monetary sanction and the additional $1,500 penalty.
3. Whether the family court had jurisdiction to proceed with contempt-related matters after Rector's appeal was dismissed and the stay expired.
4. Whether the circuit court properly dismissed Rector's petition for a writ of prohibition.

Disposition

reversed_and_remanded