CONTEMPT
Attorney General, as head of Department head of
Legal Affairs Department and Chief Immigration Officer, as division head of
Immigration Office, are responsible for ensuring that subordinates comply with
Court’s order.
A department head’s, or division head’s, failure
to provide full and accurate instructions to subordinates regarding a Court
order, where such Court order has direct consequences on the jobs performed by
such subordinates, constitutes inexcusable neglect. Vaela’a v. Sunia, 1 A.S.R.3d 131
(1997).
In certain circumstances, inexcusable neglect may
constitute willful and contemptuous conduct and be punished as contempt of
Court. Where Attorney General and
Acting Chief Immigration Officer gave imprecise instructions, resulting in
subordinate issuing verifications of immigration status in violation of Court’s
injunction, the failure to give specific instructions constituted inexcusable
neglect and could be punished as contempt. Vaela’a v. Sunia, 1 A.S.R.3d 131
(1997).