U.S. Code » Title 38 » Part PART V— BOARDS, ADMINISTRATIONS, AND SERVICES › Chapter CHAPTER 72— UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS › Subchapter SUBCHAPTER II— PROCEDURE

38 U.S.C. § 7265

Contempt authority; assistance to the Court

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(a) The Court shall have power to punish by fine or imprisonment such contempt of its authority as—(1) misbehavior of any person in its presence or so near thereto as to obstruct the administration of justice;(2) misbehavior of any of its officers in their official transactions; or(3) disobedience or resistance to its lawful writ, process, order, rule, decree, or command.(b) The Court shall have such assistance in the carrying out of its lawful writ, process, order, rule, decree, or command as is available to a court of the United States. The United States marshal for a district in which the Court is sitting shall, if requested by the chief judge of the Court, attend any session of the Court in that district.(Added Pub. L. 100–687, div. A, title III, § 301(a), Nov. 18, 1988, 102 Stat. 4116, § 4065; renumbered § 7265, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238.)Editorial NotesAmendments

1991—Pub. L. 102–40 renumbered section 4065 of this title as this section.

Notes of Decisions
Cited in 30 cases (4 in the last 5 years), 1991–2025 · leading case: Jones v. Derwinski, 1 Vet. App. 596 (Vet. App. 1991).
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Jones v. Derwinski, 1 Vet. App. 596 (Vet. App. 1991). · cites it 5× “In sum, petitioners were forced to expend time, energy and funds to seek redress of grievances which resulted from the Department’s “egregious unprofessional conduct” {Nagler/Jones, at 306) and the breach of professional obligations by the Secretary’s representatives described…”
James A. Pousson v. Eric K. Shinseki, 22 Vet. App. 432 (Vet. App. 2009). · cites it 5× “NOVA also suggests that sanctions be imposed against the Secretary based upon the Court’s statutory authority as provided in 38 U.S.C. § 7265 . Finally, amicus Anthony Hayes suggests the award of nonrepayable interim benefits and the *436 imposition of an adverse inference…”
In re the Fee Agreement of Cox, 10 Vet. App. 361 (Vet. App. 1997). · cites it 2× “as is available to a court of the United States”); 28 U.”
United States v. Joseph Merlino, 785 F.3d 79 (3rd Cir. 2015). · cites it 2× “”); 38 U.S.C. § 7265 (a) (“The Court [of Appeals for Veterans Claims] shall have power to punish by fine or imprisonment such contempt of its authority as .”
Nicholas Ribaudo v. R. James Nicholson, 21 Vet. App. 137 (Vet. App. 2007). · cites it 2× “See 38 U.S.C. § 7265 (explicitly granting the Court power to enforce its lawful orders through enumerated contempt powers).”
Durr v. Nicholson, 400 F.3d 1375 (Fed. Cir. 2005). “We conclude that the statutory notice of appeal requirement cannot be read to require the inclusion of an address as a jurisdictional requirement. The Veterans’ Court, under its statutory rulemaking authority, 38 U.”
Ebert v. Brown, 4 Vet. App. 434 (Vet. App. 1993). · cites it 3× “This Court has express statutory authority to punish contempt of its authority pursuant to 38 U.S.C.A. § 7265 (West 1991) under the following circumstances: (1) misbehavior of any person in .”
Fermin v. United States, 268 F. Supp. 3d 228 (D.D.C. 2017). · cites it 2× “§ 1361 , 38 U.S.C. § 7265 (a)(1)(2), 42 U.S.C. § 12101 (a)(5)- and 42 U.”
Cleveland D. Harvey v. Eric K. Shinseki, 24 Vet. App. 284 (Vet. App. 2011). · cites it 2× “” 38 U.S.C. § 7265 . In light of the above, the Court has established that it may hold a party in civil contempt where there exists: 1) a rule or order that is clear and unambiguous; 2) clear and convincing proof of noncompliance with that rule or order; and 3) a showing that…”
In re the Fee Agreement of Smith, 4 Vet. App. 487 (Vet. App. 1993). “§ 5904 (c)(2). In filing a petition for an extraordinary writ, petitioner seeks to invoke our jurisdiction under the All Writs Act, 28 U.”
Perry v. West, 11 Vet. App. 319 (Vet. App. 1998). “On November 6,1997, the appellant filed a motion requesting that the Court issue an order requiring the Secretary to show cause why he should not be held in contempt, pursuant to the Court’s authority under 38 U.S.C. § 7265 (a), for failing to comply with the May 17, 1996,…”
Burris v. Principi, 15 Vet. App. 348 (Vet. App. 2001). “See 38 U.S.C. § 7265 (a)(1); Jones (Joseph) v.”
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