Can a court appoint a private prosecutor to prosecute for contempt of court?

Additionally, although "a court has the authority to initiate a prosecution for criminal contempt, its exercise of that authority must be restrained by the principle that only "[t]he least possible power adequate to the end proposed" should be used in contempt cases. " Id. at 801, 107 S.Ct. 2124 (quoting United States v. Wilson , 421 U.S. 309, 319, 95 S.Ct. 1802, 44 L.Ed.2d 186 (1975) ) (alteration in original). "This principle of restraint in contempt counsels caution in the exercise of the power to appoint a private prosecutor." Id. Such power exists "only as a last resort," which means only if the court first asks the appropriate

[906 F.3d 808]

prosecuting authority to initiate contempt proceedings and that request is declined. Id.