Friese

MEMORANDUM **

Kenneth R. Olson (“Olson”) appeals the district court’s imposition of a $50 fine for contempt of court. We reverse.

As counsel for defendants Betty and Dean Friese (“the Frieses”), Olson had to attend a change-of-plea hearing on June 22, 2005, at 2:30 p.m. Five days before the Frieses’ hearing date, Olson took on a new client, who had a hearing in state court the same day. Olson filed an original and an amended motion to reschedule the Frieses’ hearing, which were denied. Olson then arranged to attend the state-court hearing at 1:00 p.m. through a video teleconference at the federal courthouse. Olson’s experience led him to believe that the state-court hearing would be quick, leaving plenty of time to arrive at the Frieses’ hearing on time. The state-court hearing ran longer than Olson expected, and he arrived at the Frieses’ hearing approximately a half hour late, by which time the district court had already ordered a contempt hearing to be held regarding Olson’s tardiness. After the contempt hearing, the district court found Olson to be in “civil contempt” and fined him $50.

Despite the use of the phrase “civil contempt,” the district court also described the…