(CONTINUED)
    32. No statutory or legal authority exists for use of a contempt
hearing, and the threat of jail, or actual incarceration, to enforce
a money judgment against a non-party counsel arising from an attorney
fee sanction.
    33. Imprisonment to collect a Money Judgment is a denial, under
color of law, of Due Process under the Fourteenth Amendment, United
States Constitution, and further is a denial under color of law, of
due process rights guaranteed to Plaintiff by the Arizona
Constitution, Article 2, Section 18.
    34. A contempt proceeding is a constitutionally impermissible
remedy to enforce payment of a money judgment.
    35. Because of the way in which Defendant ALFRED J. ROGERS
worded the bonding terms of the Order for Arrest Warrant, the payment
of a Supersedeas Bond to the Clerk of the Superior Court on the then-
pending appeal, would not have been effective in forcing Defendant
ALFRED J. ROGERS to rescind the Arrest Warrant.
    36. The willful continuation and active expansion by Defendant
ALFRED J. ROGERS of such tactical maneuvers as Arrest Warrants and
arguably unconstitutional Contempt proceedings to collect a money
judgment, when that Judge has ample reason to believe that he was
completely deprived of jurisdiction on February 24, 1993, is an
exceptional circumstance because it promotes the appearance of
judicial impropriety.
    37. Defendants MARTIN LaPRADE and ALFRED ROGERS had and breached
a duty not to procure or issue jurisdictionally defective or
constitutionally defective Arrest Warrants.
    38. The seeking, issuance and pendency of the above-described
Arrest Warrants, through concurrent publicity, proximately caused
damage to Plaintiff's reputation, ability to conduct his law
practice, standing as a member of the Arizona Bar, and ability to
earn an income through his law practice.
                               CLAIM II
    39. Plaintiff incorporates by reference the allegations of
paragraphs 1 through 38 hereinabove, and further alleges:
    40. On May 5, 1994, Plaintiff was arrested, and was incarcerated
by the Sheriff of Maricopa County, for approximately 30 hours, upon
the Arrest Warrant issued April 4, 1994.
    41. During said incarceration, Defendant MARTIN LaPRADE urged,
and Defendant ALFRED ROGERS persisted in Ordering, that Plaintiff not
be released from incarceration unless a cash Appearance Bond of
$22,000 was posted.
    42. Plaintiff was obliged to seek assistance from Appearance
Bond Surety John Hirschfeld (now deceased), who on May 6, 1994 caused
$22,000 to be paid directly to the Clerk of the Maricopa County
Superior Court, understanding such Cash Bond to serve only to assure
Plaintiff's personal appearance at a subsequent Contempt hearing.
    43. Plaintiff is obliged to repay said $22,000 to the estate of
Appearance Bond Surety John Hirschfeld in the event the bond is not
exonerated.
    44. Plaintiff duly appeared at the subsequent Contempt hearing
for which the Appearance Bond had been posted. At said hearing,
Defendant ALFRED ROGERS refused to proceed with evidentiary trial
regarding Contempt, thereby evading the making of an appealable
record. Instead, Defendant MARTIN LaPRADE urged, and Defendant ALFRED
ROGERS persisted in Ordering, that said $22,000 bond be held by the
Clerk of Maricopa County Superior Court for the jurisdictionally and
constitutionally defective purpose of satisfying the money Judgment
against Plaintiff.
     45. By refusing to allow evidentiary challenge to the wrongful
Contempt procedure by which Plaintiff had been arrested and $22,000
extracted as a condition of release, Defendant ALFRED ROGERS denied
to Plaintiff Due Process under the Fourteenth Amendment, United
States Constitution.
(CONTINUED)
--- DB 1.58/004910
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