How can a state court criminal defendant enjoy his Sixth Amendment right to effective counsel when his state court criminal counsel have been held in contempt and sanctioned $200,000 by a federal district court for using the evidence produced in the criminal case, which is subject to a preliminary in junction in a related civil federal district court case?

More specifically, in a civil case against David Daleiden, the District Court entered a preliminary injunction barring the use of certain videos. Sub sequently, a state criminal action was filed against Mr. Daleiden. As part of thei r defense of Mr. Daleiden, Petitioners—who are criminal defense counsel—posted some of the videos to combat the attorney general's attack on Mr. Daleiden in a public campaign. The District Court held Petition ers in contempt and issued a nearly $200,000 sanction. The Ninth Circuit denied appellate review until final judgment is entered.

The questions presented are :

1. Whether, under Nye v. United States , 313 U.S. 33 (1941), appellate jurisdiction exists for non -party Petitioners held in contempt that are ordered to pay immediate sanctions.

2. Whether the Younger Abstention Doctrine must apply to these non -party criminal defense attorneys/ petitioners so then can provide effective assistance to their client without being held in contempt in a sovereign court that has no jurisdiction over them.

3. Whether the "fair ground of doubt" standard applies to Petitioners' belief that a civil preliminary injunction did not apply to them when they disclosed information covered by the injunction in countering a massive public trial by the California State Attorney General that disclosed similar information covered by the same injunction.

Whether a state court criminal defendant can enjoy his Sixth Amendment right to effective counsel when his state court criminal counsel have been held in contempt and sanctioned $200,000 by a federal district court for using the evidence produced in the criminal case, which is subject to a preliminary injunction in a related civil federal district court case?