KSB

Bench Warrant Guidelines - Document Text

Bench Warrants

rev. February 7, 2011Judge Karlin’s Guidelines

To assure the sanctity of this Court’s orders for turnover, appearance, etc.,
the Court may issue a Bench Warrant directed to the United States MarshalsService to bring the party who has failed to comply with a court order (hereafter“offender”) before the Court to show cause why the Court should not find theoffender in contempt.1 Bench Warrants are usually granted only after the offenderhas had significant notice of the existence of the court order requiring certainaction, and the USMS-Topeka division also usually sends a warning letter to theoffender upon receipt of a Bench Warrant indicating that if the matter is notimmediately resolved, the USMS will bring the offender before the Court. This
letter is not required by this Court; this is left to the discretion of the USMS.

Processing Bench Warrants takes valuable time from other important USMSbusiness. The Court is aware that sometimes, when the USMS has physicallylocated the offender at a residence, job site, or otherwise, the offender represents tothe USMS that he has, in fact, complied, or the offender requests additional time tocomply. The Court has recently been made aware that frequently the offender hasnot, in fact, complied, or, upon being given additional time, does not comply. The
Court has directed the USMS to proceed to bring the offender in on a
Bench Warrant the first time, leaving the task of determining whether
there has been compliance to the Court. This will result in more offenders
being detained and brought before the Court, which counsel for represented partiesshould communicate to their clients.

USMS Procedure

It is the Court’s understanding that the USMS will proceed in the following mannerupon receipt of a Bench Warrant from the Clerk’s Office:

1.
Clerk’s Office will provide USMS with a copy of the Bench Warrant andcurrent address (work and home if available) for offender, as well as SSN;
2.
USMS-Topeka Division will likely send a letter or make other informalcontact with the offender, but is not required to do so;
3.
USMS staff will check with Court personnel to verify Judge Karlin’s schedulebefore Marshal staff proceed to apprehend the offender;
4.
Court contacts: Donna Johnson (785-338-5964); Donna Urbom-McClure (785338-
5912) or Joyce Ridgeway (785-338-5913);
5.
Offender will be detained by USMS pending an appearance before theBankruptcy Judge.;
1 The party requesting the Bench Warrant is responsible for preparing and uploading the
warrant for my signature.


Judge Karlin’s Bench Warrant Guidelines
Page 2

6.
If an offender is apprehended by the USMS for purpose of forcing offender toappear at a show cause hearing, the following policies are applicable:
a.
The USMS is not responsible for providing return transportation to theoffender;
b.
The Court will award costs to the USMS for its time and expensesincurred in processing these warrants. Costs must be paid before thedebtor will receive a discharge, if the debtor is the offender.
2

 

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