Jones

MEMORANDUM **

Defense attorney Paul Paquette appeals the district court’s imposition of contempt sanctions in the form of a reprimand and a $500 fine for alleged violation of a pre-trial order. Because the parties are familiar with the facts, we recount them here only as necessary. We reverse.

The sanctions were imposed in response to a motion brought by Plaintiff. Plaintiff argued that Paquette had intentionally violated what Plaintiff described as the district court’s “explicit, pre-trial order that he not attempt to ask questions that would be prejudicial without first seeking permission from the court to do so,” when he asked a witness whether he was a member of a specified street gang without first seeking permission from the court. (Plaintiffs objection to that question was sustained.) On the day the jury returned a verdict for defendants, Plaintiff petitioned the district court to sanction Paquette for the improper questioning.

Nineteen months later (and after two more filings by Plaintiff seeking the imposition of sanctions), the district court granted Plaintiffs motion, publicly reprimanded Paquette, and sanctioned him $500. The order stated that the court had:

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