In Re Robert W. Stencavage

2005 DNH 033

• Court: District Court, D. New Hampshire
• Decided: March 2, 2005
• Status: Published

Opinion

In Re Robert W. Stencavage 03/02/05 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE

In re Robert W. Stencavage______________ Opinion No. 2005 DNH 033

O R D E R

Robert W. Stencavage of Hollis, New Hampshire was ordered to

appear for jury duty on October 5, 2004. He failed to do so. He

was ordered to be available as previously ordered and on extended

dates. He appeared as ordered on October 18, 2004, but when

selected he reguested Judge DiClerico defer his service because

of the pressing needs of his business. Oasis Sunrooms and Spas.

Judge DiClerico granted his reguest and, after being assured by

Mr. Stencavage that he would be available in February 2005, he

ordered a deferment until February 2005.

Mr. Stencavage was ordered to appear on February 1, 2005. A

"show cause" order was issued directing Mr. Stencavage to appear

and show cause why he should not be fined or imprisoned for up to

three days for failure to appear for jury duty.1 At the hearing

I advised Mr. Stencavage that I would continue the hearing if he

wanted to appear with counsel. He declined.

Mr. Stencavage offered as cause for disobeying the orders

xM r . Stencavage demanded that the Clerk send notices certified and then failed and refused to pick them up after at least two notices by the post office. his involvement with Special Olympics basketball, his father's

condition, his brother's condition, the way Oasis Sunrooms and

Spas relies on his every day attendance, denial of his computer

calendar to him in the courtroom leading him to erroneously

telling Judge DiClerico that he would be available in February,

his inability to serve fairly because of his growing

disillusionment with government under the Bush administration,

etc. Finally, he suggested he could fit his jury duty in between

March 21, 2005 and April 30, 2005.

None of the justifications offered constitute "cause".

After being ordered by Judge DiClerico to jury duty in February

and being summoned, he made no effort to seek a further deferment

or to notify the court of his alleged unavailability. Mr.

Stencavage has demonstrated contempt of court orders and no just

cause for failing to appear for jury duty as ordered.

Pursuant to 28 U.S.C. § 1866(g) Robert W. Stencavage is

fined $100.00 and imprisoned for twenty-four (24) hours

commencing at 9:30 a.m. on March 2, 2005. Stand committed.

SO ORDERED.

James R. Muirhead United States Magistrate Judge

Date: March 2, 2005 cc: Robert W. Stencavage

2 U.S. Marshal