THURSDAY, SEPTEMBER 11, 1997
Style: Burk v. Washington, No. 89,829
Facts: Washington was charged with indirect criminal contempt of court for violating aninjunction that forbade her to visit a specified person's place of employment. She movedfor discharge on the ground that over 90 days had passed since her arrest so thatprosecution was barred by the speedy trial rule. The motion for discharge was deniedand Washington filed a petition for writ of prohibition. The district court issued the writ,holding that indirect criminal contempt charges are subject to the speedy trial rule andthat the time period began to run when the defendant was arrested. The state seeksreview, arguing that criminal contempt proceedings commence when the court issues theorder to show cause, so that the defendant's earlier arrest for the injunction violation didnot affect the permissibility of prosecution.
Issues: (1) Are contempt proceedings for domestic violence injunction violations subject
to the speedy trial rule?
(2) If so, when does the time begin to run?