¶1dissenting. I dissent from that part of the opinion which remands the case to the trial court. All of the relevant facts and the law have been fully developed and presented to this court in the present appeal. In effect, this court has found insufficient evidence to support a criminal contempt charge. Therefore, it is double jeopardy to try the appellant a second time on the same offense.
¶2The majority opinion is well written and succinctly recites the law on the subject of contempt. However, the opinion simply reaches the wrong result.
¶3We have a committee established for the express purpose of reviewing complaints concerning alleged unethical conduct on the part of attorneys. If the trial court believes, as he has stated, that the action of this attorney was unethical, then the matter should be referred to the Committee on Professional Conduct.
¶4I would reverse and dismiss.