mine workers bagwell argued november decided june month enjoining petitioners collectively union conducting unlawful activities certain mining companies virginia trial held contempt hearing fined union disobedience announced union fined future breach injunction subsequent contempt hearings levied union termed coercive civil fines ordering money paid commonwealth counties affected unlawful activities strike settled refused vacate fines owed commonwealth counties concluding payable effect public ultimately appointed respondent bagwell act special commissioner collect unpaid fines virginia appeals reversed ordered fines vacated virginia reversing turn rejected petitioners contention fines criminal imposed absent criminal trial held serious contempt fines imposed criminal constitutionally imposed jury trial pp criminal contempt fine punitive imposed criminal proceedings including right jury trial contempt fine considered civil remedial either coerces defendant compliance order compensates complainant losses sustained mine workers america fine compensatory civil contemnor opportunity page ii purge per diem fines fixed suspended fines pp contempt sanctions share punitive coercive characteristics fundamental question underlying distinction civil criminal contempts process due imposition particular contempt sanction direct contempts penalized summarily light substantial interest maintaining order need extensive factfinding likelihood erroneous deprivation reduced greater procedural protections afforded sanctions indirect contempts certain indirect contempts particularly appropriate imposition civil proceedings including contempts impeding ability adjudicate proceedings contempts involving discrete readily ascertainable acts contempts complex injunctions however criminal procedures may required pp mere fact contempt fines announced advance render civil criminal laws generally provide notice sanction imposed union ability avoid contempt fines indistinguishable ability citizen avoid criminal sanction considerations confirm fines challenged criminal neither parties commonwealth courts suggested fines compensatory union sanctionable conduct occur presence otherwise implicate core judicial contempt power lesser protections may appropriate union contumacy involve simple affirmative acts sanctions force primarily coercive elaborate factfinding required instead levied fines widespread ongoing violations complex injunction effectively policing union compliance entire code conduct imposed contumacy lasted many months spanned several counties fines assessed serious circumstances disinterested factfinding evenhanded adjudication essential union entitled criminal jury trial pp blackmun delivered opinion unanimous respect parts iii opinion respect part stevens scalia kennedy souter thomas joined scalia filed concurring opinion ginsburg filed opinion concurring part concurring judgment rehnquist joined mine workers bagwell justice blackmun delivered opinion called upon consider distinction civil criminal contempt specifically address whether contempt fines levied union violations labor injunction coercive civil fines criminal fines constitutionally imposed jury trial conclude fines criminal accordingly reverse judgment virginia petitioners international union mine workers america mine workers america district collectively union engaged protracted labor dispute clinchfield coal company sea mining company collectively companies alleged unfair labor practices april companies filed suit circuit russell county virginia enjoin union conducting unlawful activities trial entered injunction later amended prohibited union members among things obstructing ingress egress company facilities throwing objects physically threatening mine workers bagwell company employees placing jackrocks roads used company vehicles picketing specified number people designated sites additionally ordered union take steps necessary ensure compliance injunction place supervisors picket sites report violations app pet cert may trial held contempt hearing found petitioners committed violations injunction fining union disobedience announced fine union future violent breach injunction future nonviolent infraction exceeding picket numbers blocking entrances exits early stated purpose impos prospective civil fines payment required shown defendants disobeyed orders seven subsequent contempt hearings held june december found union contempt separate violations injunction many violent based stated intention fines civil coercive contempt hearing conducted civil proceeding trial judge parties conducted discovery introduced evidence called witnesses trial required contumacious acts proved beyond reasonable doubt afford union right jury trial mine workers bagwell result contempt proceedings levied fines union approximately ordered payable companies union objected payment fines companies light law enforcement burdens posed strike ordered remaining roughly fines paid commonwealth virginia russell dickenson counties two counties heavily affected unlawful activity appeals contempt orders pending union companies settled underlying labor dispute agreed vacate contempt fines jointly moved dismiss case special mediator representing secretary labor app governments russell dickenson counties supported parties motion vacate outstanding fines trial granted motion dismiss dissolved injunction vacated fines payable companies reiterating belief remaining owed counties commonwealth coercive civil fines trial refused vacate fines concluding payable effect public app pet cert companies withdrew parties light settlement declined seek enforcement outstanding contempt fines commonwealth attorneys russell dickenson counties also asked disqualified case appointed respondent john bagwell act special commissioner collect unpaid contempt fines behalf counties commonwealth appeals virginia reversed ordered contempt fines vacated pursuant settlement agreement assuming purposes mine workers bagwell argument fines civil concluded civil contempt fines imposed part civil proceeding private parties settled underlying litigation settled parties without discretion refuse vacate fines consolidated appeals virginia reversed held whether coercive civil contempt sanctions settled private parties question state law virginia public policy disfavored rule dignity law public respect judiciary maintained also rejected petitioners contention outstanding fines criminal imposed absent criminal trial trial prospective fine schedule intended coerce compliance injunction union avoid fines obedience reasoned fines civil coercive properly imposed civil proceedings orders defendant perform affirmative act provides defendant shall fined fixed amount day refuses comply defendant control destiny true respect orders present case prospective fine schedule established solely purpose coercing union refrain engaging certain conduct consequently union controlled fate mine workers bagwell ii criminal contempt crime ordinary sense bloom illinois criminal penalties may imposed someone afforded protections constitution requires criminal proceedings hicks feiock see bradley double jeopardy cooke rights notice charges assistance counsel summary process present defense gompers bucks stove range privilege right proof beyond reasonable doubt serious criminal contempts involving imprisonment six months protections include right jury trial bloom see also taylor hayes contrast civil contempt sanctions penalties designed compel future compliance order considered coercive avoidable obedience thus may imposed ordinary civil proceeding upon notice opportunity heard neither jury trial proof beyond reasonable doubt required mine workers bagwell gompers recognized however stated purposes contempt sanction alone determinative hen imposes fines punishments contemnor vindicating legal authority enter initial order also seeking give effect law purpose modifying contemnor behavior conform terms required order hicks contempt sanctions like criminal punishments extent punish prior offense well coerce offender future obedience hicks accordingly mine workers bagwell held conclusions civil criminal nature contempt sanction properly drawn subjective intent state laws courts examination character relief paradigmatic coercive civil contempt sanction set forth gompers involves confining contemnor indefinitely complies affirmative command order pay alimony surrender property ordered turned receiver make conveyance gompers see also mccrone failure testify imprisonment fixed term similarly coercive contemnor given option earlier release complies shillitani upholding civil determinate sentence includes purge clause circumstances contemnor able purge contempt obtain release committing affirmative act thus carries keys prison pocket gompers quoting nevitt fed contrast fixed sentence imprisonment punitive criminal imposed retrospectively completed act disobedience gompers contemnor avoid abbreviate confinement later compliance thus gompers concluded sentence imposed samuel gompers violating injunction criminal contempt involves prior conduct isolated prohibited act resulting sanction coercive effect defendant furnished key shorten term promising repeat offense dichotomy coercive punitive imprisonment extended fine context contempt mine workers bagwell fine accordingly considered civil remedial either coerce defendant compliance order compensate complainant losses sustained mine workers america fine compensatory civil contemnor afforded opportunity purge see penfield sec thus flat unconditional fine totalling even little announced finding contempt criminal contemnor subsequent opportunity reduce avoid fine compliance close analogy coercive imprisonment per diem fine imposed day contemnor fails comply affirmative order like civil imprisonment fines exert constant coercive pressure jural command obeyed future indefinite daily fines purged less comfortable analogy coercive imprisonment suspended determinate fines sole prior decision squarely addressing judicial power impose coercive civil contempt fines mine workers supra held fixed fines also may considered purgable civil imposed suspended pending future compliance see also penfield one fined unless day certain complies power avoid penalty see hicks suspended probationary sentence criminal mine workers involved fine imposed union nationwide war ii strike activities finding determinate fine criminal excessive reduced sanction flat criminal fine imposed suspended remaining coercive civil fine conditioned union ability purge fine full timely mine workers bagwell compliance trial order concluded light purge clause civil fine operated coercive imposition upon defendant union compel obedience outstanding order revisited issue coercive civil contempt fines addressed mine workers since decision erected substantial procedural protections areas contempt law criminal contempts bloom summary contempts taylor hayes codispoti pennsylvania johnson mississippi oliver lower federal courts state courts trial nevertheless relied mine workers authorize relatively unlimited judicial power impose noncompensatory civil contempt fines underlying somewhat elusive distinction civil criminal contempt fines ultimate question posed case procedural protections due particular contempt penalty may imposed civil contempt sanctions viewed nonpunitive avoidable fewer procedural protections sanctions required extent contempts take mine workers bagwell punitive character however justified considerations central contempt power criminal procedural protections may order traditional justification relative breadth contempt power necessity courts independently must vested power impose silence respect decorum presence submission lawful mandates preserve officers approach insults pollution anderson dunn wheat courts thus embraced inherent contempt authority see gompers ex parte robinson wall power necessary exercise others hudson cranch contempt power also uniquely liable abuse bloom quoting ex parte terry unlike areas law legislature defines sanctionable conduct penalty imposed civil contempt proceedings leave offended judge solely responsible identifying prosecuting adjudicating sanctioning contumacious conduct contumacy often strikes vulnerable human qualities judge temperament bloom supra fusion legislative executive judicial powers summons forth prospect tyrannical licentiousness young ex rel vuitton scalia concurring judgment quoting anderson accordingly criminal contempt cases even compelling argument made ordinary criminal cases providing right jury trial protection arbitrary exercise official power bloom jurisprudence contempt area attempted balance competing concerns necessity mine workers bagwell potential arbitrariness allowing relatively unencumbered contempt power exercise essential requiring progressively greater procedural protections considerations come play necessity justification contempt authority pinnacle course contumacious conduct threatens immediate ability conduct proceedings witness refuses testify party disrupts see young scalia concurring judgment judicial contempt power power limited sanctioning interfere orderly conduct business disobey orders necessary conduct business thus petty direct contempts presence traditionally subject summary adjudication maintain order courtroom integrity trial process face actual obstruction justice codispoti pennsylvania quoting mcconnell cf wilson harris light substantial interest rapidly coercing compliance restoring order contempt occurrence reduces need extensive factfinding likelihood erroneous deprivation summary proceedings tolerated summary adjudication becomes less justifiable leaves realm immediately sanctioned petty direct contempts delays punishing direct contempt completion trial example due process requires contemnor rights notice hearing respected taylor hayes much difficult argue action without notice hearing kind necessary preserve order enable mine workers bagwell proceed business particularly view heightened potential abuse posed contempt power see also harris direct contempts also punished serious criminal penalties absent full protections criminal jury trial bloom still procedural protections afforded contempts occurring considerations justifying expedited procedures pertain summary adjudication indirect contempts prohibited cooke criminal contempt sanctions entitled full criminal process hicks certain indirect contempts nevertheless appropriate imposition civil proceedings contempts failure comply document discovery example occurring outside presence impede ability adjudicate proceedings thus touch upon core justification contempt power courts traditionally broad authority means contempt striking pleadings assessing costs excluding evidence entering default judgment penalize party failure comply rules conduct governing litigation process see judicial sanctions never considered criminal imposition civil coercive fines police litigation process appears consistent authority similarly indirect contempts involving discrete readily ascertainable acts turning key payment judgment properly may adjudicated civil proceedings since need extensive impartial factfinding less pressing discrete category indirect contempts however civil procedural protections may insufficient mine workers bagwell contempts involving disobedience complex injunctions often require elaborate reliable factfinding cf green black dissenting citation omitted alleged contempts committed beyond presence judge personal knowledge material facts especially suited trial jury hearing must held witnesses must called evidence taken event often crucial facts close dispute contempts obstruct ability adjudicate proceedings risk erroneous deprivation lack neutral factfinder may substantial circumstances criminal procedural protections rights counsel proof beyond reasonable doubt necessary appropriate protect due process rights parties prevent arbitrary exercise judicial power instant case neither party commonwealth suggested challenged fines compensatory point trial attempt calibrate fines damages caused union contumacious activities indicate fines compensate complainant losses sustained mine workers nonparty governments turn never requested compensation presented evidence regarding injuries never moved intervene suit never actively defended fines imposed issue us accordingly limited whether fines despite noncompensatory character coercive civil criminal sanctions parties propose two independent tests determining whether fines civil criminal petitioners argue injunction primarily prohibited mine workers bagwell certain conduct rather mandated affirmative acts sanctions criminal respondent turn urges trial established prospective fine schedule union avoid compliance fines civil character neither theory satisfactorily identifies contempt fines criminal thus must imposed criminal process petitioners correctly note gompers suggests possible dichotomy refusing act commanded remedied imprisonment party performs required act act forbidden punished imprisonment definite term distinction mandatory prohibitory orders easily applied classic contempt scenario contempt sanctions used enforce orders compelling forbidding single discrete act cases orders commanding affirmative act simply designate actions capable coerced distinction coercion affirmative acts punishment prohibited conduct difficult apply conduct recur involved injunction contains mandatory prohibitory provisions moreover borderline cases injunctive provisions containing essentially command phrased either mandatory prohibitory terms literal application petitioners theory injunction ordering union strike appear prohibitory criminal injunction ordering union continue working mandatory civil see tr oral arg dobbs contempt survey cornell enforcing present injunction trial imposed fines without regard mandatory prohibitory nature clause violated accordingly even though parsing injunction various provisions might support classification contempts mine workers bagwell placing jackrocks roads criminal refusal place supervisors picket sites civil parties asked us review order manner case like involving injunction prescribes detailed code conduct appropriate identify character entire decree cf hicks internal quotations omitted civil criminal relief imposed criminal feature order dominant fixes character purposes review despite respondent urging also persuaded dispositive significance accorded fact trial prospectively announced sanctions impose trial simply levied fines finding union guilty contempt resulting determinate unconditional fines considered solely exclusively punitive hicks see also penfield supra respondent nevertheless contends trial announcement prospective fine schedule allowed union avoid paying fine simply performing act required order hicks thus transformed fines coercive civil ones respondent maintains virginia held trial imposed daily civil fine coerce union compliance prospective fine schedule indistinguishable sanction respondent argument highlights difficulties encountered parsing coercive civil criminal contempt fines fines imposed concededly difficult distinguish either determinate punitive fines initially suspended civil fines ultimately however fact trial announced fines contumacy rather fact justify respondent conclusion mine workers bagwell fines civil meaningfully distinguish penalties ordinary criminal law due process traditionally requires criminal laws provide prior notice conduct prohibited sanction imposed trial simply announced penalty determinate fines per violation imposed future contempts union ability avoid contempt fines indistinguishable ability ordinary citizen avoid criminal sanction conforming behavior law fines coercive day fines even suspended fines closely analogous fixed determinate retrospective criminal fines petitioners opportunity purge imposed therefore decline conclude mere fact sanctions announced advance rendered coercive civil matter constitutional law considerations convince us fines challenged criminal union sanctionable conduct occur presence otherwise implicate ability maintain order adjudicate proceedings union contumacy involve simple affirmative acts paradigmatic civil contempts examined gompers instead virginia trial levied contempt fines widespread ongoing violations complex injunction effectively policed petitioners compliance entire code conduct imposed union contumacy lasted many months spanned substantial portion state fines assessed serious totalling circumstances mine workers bagwell disinterested factfinding evenhanded adjudication essential petitioners entitled criminal jury trial reaching conclusion recognize generally deferred legislature determination whether sanction civil criminal see ward helvering mitchell hen state proceedings involved state law provides strong guidance whether state exercising authority nonpunitive noncriminal manner hicks quoting allen illinois deviate either tradition today single judge rather legislature declares particular sanction civil criminal deference less appropriate cf madsen women health center moreover recognized even state proceedings label affixed contempt ultimately allowed defeat applicable protections federal constitutional law hicks feiock conclude serious contempt fines imposed criminal mine workers bagwell constitutionally imposed absent jury trial iii decision concededly imposes procedural burdens courts ability sanction widespread indirect contempts complex injunctions noncompensatory fines holding however leaves unaltered longstanding authority judges adjudicate direct contempts summarily enter broad compensatory awards contempts civil proceedings see sheet metal workers equal employment opportunity right trial jury applies serious criminal sanctions courts still may impose noncompensatory petty fines contempts present ones without conducting jury trial also disturb ability levy albeit criminal contempt process serious fines like case ultimately whatever slight burden holding may impose judicial contempt power controlling recognized ago say need respect judges courts entitled consideration interest individual subjected serious criminal punishment without benefit procedural protections worked carefully years deemed fundamental system justice genuine respect alone lend true dignity judicial establishment engendered fear unlimited authority firm administration law institutionalized procedures worked centuries bloom mine workers bagwell judgment virginia reversed ordered footnotes address procedures required adjudication indirect contempts occurring direct contempts occur presence may immediately adjudged sanctioned summarily see ex parte terry except serious criminal contempts jury trial required bloom illinois traditional distinction civil criminal contempt proceedings pertain cf wilson numerous scholars criticized unworkable traditional distinction civil criminal contempt see dudley getting beyond distinction new approach regulation indirect contempts describing distinction civil criminal contempt conceptually unclear exceedingly difficult apply martineau contempt eliminating confusion civil criminal contempt legal concepts bedeviled courts judges lawyers legal commentators contempt moskovitz contempt injunctions civil criminal goldfarb contempt power describing tangle procedure practice resulting unsatisfactory fiction although size fine substantial conduct required union purge suspended fine relatively discrete according purgation consisted withdrawal union notice terminating labor agreement notifying union members withdrawal withdrawing notifying union members withdrawal notice questioning ongoing effectiveness agreement mine workers petty contempt like petty criminal offenses may tried without jury taylor hayes imposition serious criminal contempt fines triggers right mine workers bagwell jury trial bloom date specified magnitude contempt fine may constitute serious criminal sanction although held fine imposed union insufficient trigger sixth amendment right jury trial see muniz hoffman see also defining petty offenses crimes penalty exceed imprisonment period six months fine individual person individual need answer today difficult question line petty serious contempt fines drawn since fine unquestionably serious contempt sanction mine workers bagwell justice scalia concurring join opinion classifying contempt fines levied petitioners criminal opinion demonstrates cases employed variety easily reconcilable tests differentiating civil criminal contempts since tests yield result need decide correct one case extreme facts best case make decision wish suggest however come making careful examination historical practice ultimately yield answer one person able make rule adjudicate violation assess penalty accord usual notions fairness separation powers see ante green black dissenting cf bloom illinois cooke worse still person conduct adjudication without affording protections usually given criminal trials clearest historical practice establish mine workers bagwell departure procedures constitution normally requires denial due process law see burnham superior county marin cf honda motor oberg ante slip common law contempts divided criminal contempts litigant punished affront fixed fine period incarceration civil contempts uncooperative litigant incarcerated later cases fined complied specific order see gompers bucks stove range incarceration compliance distinctive sanction sheds light upon nature decrees enforced civil contempt sanction makes sense order requires performance identifiable act perhaps cessation continuing performance identifiable act general prohibition future lend enforcement conditional incarceration since single act cessation single act demonstrate compliance justify release one expressed difference criminal civil contempts follows punishment criminal contempt undo remedy thing done civil contempt punishment remedies disobedience fox one expect orders underlay civil contempt fines incarceration usually mandatory rather prohibitory see gompers supra directing litigants perform acts mine workers bagwell litigation example turning document give effect judgment example executing deed conveyance latter category order particularly common since jurisdiction equity courts generally personam rather rem relief decreed almost always directive individual perform act regard property issue see pomeroy equity jurisprudence pp ed mandatory injunctions issued upon termination litigation usually required single simple act mcclintock principles equity pp ed indeed historical prejudice chancery rendering decrees called single affirmative act specific performance contracts sought categorical rule decree issue required ongoing supervision see marble ripley wall see also mcclintock supra pp story commentaries equity jurisprudence redfield ed ed compliance single act mandates addition simple quick achieved contemnor relationship came end least insofar subject order concerned document turned land conveyed litigant obligation coercive power litigant ceased see mine workers black concurring part dissenting part engage ongoing supervision litigant conduct order continue regulate behavior even equitable decrees prohibitory rather mandatory earlier times much less sweeping modern counterparts prior mine workers bagwell labor injunctions late injunctions issued primarily relatively narrow disputes property see kerr treatise law practice injunctions see also frankfurter greene labor injunction contemporary courts abandoned earlier limitations upon scope mandatory injunctive decrees see mcdowell equity constitution routinely issue complex decrees involve extended disputes place continuing supervisory roles parties institutions see missouri jenkins swann bd professor chayes described extent transformation modern decree differs almost every relevant characteristic relief traditional model adjudication least centerpiece provides complex ongoing regime performance rather simple transfer finally prolongs deepens rather terminates involvement dispute chayes role judge public law litigation mine workers bagwell order issue provides relatively tame example modern complex decree amended injunction prohibited inter alia puncturing tires threatening following interfering respondents employees placing pickets specified locations roving picketing required inter alia petitioners provide list names designated supervisors app pet cert although seem quite accord historical practice enforce conditional incarceration per diem fines compliance last provision discrete command observance readily ascertained using means enforce remainder order novelty per diem fines came used coerce compliance decrees relevant respects like conditional prison terms incarceration penalty continued contemnor complied compliance stopped punishment course eliminate restore punishment already endured mine workers bagwell justice ginsburg chief justice joins concurring part concurring judgment issue case whether contempt proceedings brought petitioner unions classified civil criminal explains proceedings criminal unions entitled precedents jury trial disputed fines imposed bench proceedings stand see ante gompers bucks stove range notes see ante case area civil contempt sanction gompers instructs designed coerce defendant thing required order benefit complainant rather vindicate authority law sanction operates coercively applies continuously defendant performs discrete affirmative act required order example production document presentation testimony ibid civil contemnor thus carries keys prison mine workers bagwell pocket moment end sentence discharge previously refused quoting nevitt criminal contempt sanction contrast punitive imposed vindicate authority gompers supra unlike civil contemnor refused perform discrete affirmative act commanded gompers explains criminal contemnor ne commanded criminal contemnor disobedience past completed act deed sanction undo see accordingly criminal contempt sanction operates coerce future act defendant benefit complainant uphold dignity law punishing contemnor disobedience criminal contempt sanction determinate unconditional said gompers defendant furnished key shorten term promising repeat offense even outlined civil criminal contempt prototypes however gompers acknowledged categories filled actual cases altogether neat tidy civil contempt proceedings although primarily remedial also vindicat authority criminal contempt proceedings although designed vindicate authority law may bestow incidental benefit upon complainant punishment tends prevent repetition disobedience ii classifications described gompers come strong criticism particularly scholars many observed gompers mine workers bagwell categories civil criminal contempt unstable theory problematic practice see ante citing scholarly criticism see also dudley getting beyond distinction new approach regulation indirect contempts citing additional scholarly criticism cases however consistently resorted distinction criminal civil contempt determine whether certain constitutional protections required criminal prosecutions apply contempt proceedings see dixon slip held certain constitutional protections criminal defendants apply nonsummary criminal contempt prosecutions criminal prosecutions citing cases repeatedly relied upon gompers delineation distinction criminal civil contempt see hicks feiock parties accordingly presented arguments within gompers framework two considerations persuade contempt proceedings case classified criminal rather civil first accept logic bagwell argument fines civil conditional coercive fine elude categorization fines case conditional bagwell says imposed unions complied injunction fines conditional sense however even supplemented injunction fines schedule indeed fine conditional upon compliance noncompliance imposition cf ante unions ability avoid imposition fines indistinguishable ability ordinary citizen mine workers bagwell avoid criminal sanction conforming behavior law furthermore fines coercive sense one purposes encourage union compliance injunction criminal contempt sanctions may also coerce sense ten prevent repetition disobedience gompers bagwell thesis fines civil conditional coercive broaden compass terms function lost second virginia courts refusal vacate fines despite parties settlement joint motion see ante characteristic criminal civil proceedings explaining fines outlived underlying civil dispute virginia stated courts commonwealth must authority enforce orders employing coercive civil sanctions dignity law public respect judiciary maintained virginia references upholding public authority maintaining dignity law reflect purposes gompers ranked criminal contempt side see supra moreover private complainant gone scene official appointed commonwealth collect fines commonwealth mine workers bagwell coffers implausible invoke justification benefiting civil complainant commonwealth pursues fines account agent private party without tying exactions exclusively claim compensation cf hicks fine punitive paid remedial civil defendant avoid paying fine simply performing affirmative act required trial declared proceedings indeed civil outset granted parties motions vacate fines bagwell likens prospective fines schedule civil contempt fine imposed mine workers case however contemnor union given opportunity fine imposed avoid fine effect ing full compliance injunction explains see ante purposes allowing union avoid fine full compliance broad injunction see reduced performance three affirmative acts opportunity purge consistent civil contempt scenario described gompers see supra unavailable unions case page