Richard C. Trahant v. Roman Catholic Church of the Archdiocese of New Orleans, et al.

Petitioner Richard C. Trahant is state court co-counsel of record for certain sexual abuse claimants appearing as creditors of the debtor in bankruptcy, The Roman Catholic Church of the Archdiocese of New Orleans, in this Chapter 11 bankruptcy proceeding. Acting sua sponte and without notice or a hearing, the bankruptcy court entered an order finding petitioner in contempt for allegedly violating a protective order, reserving the assessment of “appropriate sanctions” for a hearing at a later date. The court of appeal affirmed the district court judgment affirming the bankruptcy court’s contempt order, rejecting petitioner’s defense of lack of procedural due process for the stated reason that the bankruptcy court allegedly “did not sanction” petitioner’s conduct at the time of the contempt order. THE QUESTION PRESENTED IS: Does the Due Process Clause of the U.S. Constitution require notice and an opportunity to be heard before a court may enter a finding of contempt against a person, where the court reserves assessment of monetary sanctions for a later proceeding?