C&M INVESTMENT GROUP, LTD., and KARLIN HOLDINGS LIMITED PARTNERSHIP, Plaintiffs-Respondents,
NEIL DAVID CAMPBELL, individually, Defendant-Appellant, and PHILIP RICHARD POWERS, individually; POWERS INVESTMENTS AND MANAGEMENT, INC., S.A., a corporation, GUANANA GRIS, S.A., a corporation; PROTECCION FORESTAL DE TACA, S.S., a corporation; and DOES 1 through 50 inclusive, Defendants.
from the District Court of the Fifth Judicial District, State
of Idaho, Blaine County. Hon. Robert J. Elgee, District
of contempt and imposition of sanctions, affirmed.
David Campbell, Ketchum, pro se appellant.
Laski Clark & Pogue, PLLC; Erin Farrell Clark, Ketchum,
David Campbell appeals from the district court's judgment
of civil and criminal contempt and sanctions. Campbell argues
that the district court erred in imposing criminal sanctions
because, although his civil and criminal contempt charges
were consolidated for trial, once he was required to testify
regarding two allegations of civil contempt during the
consolidated trial, criminal sanctions could no longer be
imposed. For the reasons set forth below, we affirm.
AND PROCEDURAL BACKGROUND
Investment Group, LTD., and Karlin Holdings Limited
Partnerhsip (hereinafter C&M) filed an affidavit alleging
ten counts labeled "civil contempt" based on
Campbell's failure to produce documents for a
court-ordered debtor's examination and twenty-three
counts labeled "criminal contempt" based on
Campbell's false testimony during the debtor's
examination. All of the allegations were tried together
in a bench trial.
trial, C&M called Campbell to testify in relation to its
civil contempt allegations. Campbell objected, arguing that
he had a constitutional right against compelled
self-incrimination and that I.R.C.P. 75 afforded him the same
right. The district court found that Campbell could only be
called to testify regarding the civil contempt allegations
but could also "probably take the Fifth" depending
on the questions asked. At the conclusion of trial, the
district court found Campbell guilty of two of the civil
contempt allegations and thirteen of the criminal contempt
allegations. With respect to its findings on the criminal
contempt allegations, the district court stated they were
"not based in any way on Campbell's testimony during
trial (which related only to the civil contempt counts)"
and that it did not draw any adverse inferences from
Campbell's testimony or his silence. For the civil
contempt counts, the district court ordered Campbell to serve
an indeterminate jail sentence until he complied with the
prior court orders requiring production of documents or until
the district court determined a continuing jail sentence
would serve no purpose or Campbell no longer had the ability
to comply. For the thirteen criminal contempt counts, the
district court imposed consecutive five-day jail sentences,
for a total of sixty-five days in jail. Campbell appeals.
Court exercises free review over questions regarding the
interpretation of the Idaho Rules of Civil Procedure.
Boise Mode, LLC v. Donahoe Pace & Partners Ltd.,
154 Idaho 99, 103, 294 P.3d 1111, 1115 (2013). This Court
also freely reviews constitutional questions. McPherso ...