Contempt of Court

 

First, a disclaimer: Although I am an attorney, the legal information in this podcast is not intended to be a substitute for seeking personalized legal advice from an attorney licensed to practice in your jurisdiction. Further, I do not intend to create an attorney-client relationship with any listener.   

Today I will discuss contempt of court. Steve wrote:

Could you please explain how a judge can have someone imprisoned for contempt of court and not consider this a violation of the right to due process or unlawful imprisonment? Also, if someone is jailed for contempt of court how can they be held for an unspecified length of time, potentially years, without this being cruel and unusual punishment? After all, a person who is actually convicted of a crime after a fair trial could spend less time in jail than a person found in contempt.

The short answer is that a person facing imprisonment for contempt of court has likely received full due process of the law. Most people that face contempt charges have been fully advised on several occasions as to the consequences of their actions. 

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Contempt of court refers generally to any willful disobedience to, or disregard of, a court order or any misconduct in the presence of a court or action that interferes with a judge's ability to administer justice or that insults the dignity of the court, and is punishable by fine or imprisonment or both. A judge who feels someone is improperly challenging or ignoring the court's authority has the power to declare the defiant person (called the contemnor) in contempt of court.

The contemnor is said to "hold the keys" to his own cell, so strict adherence to all due process requirements is not necessary.

There are two types of contempt — civil and criminal. Criminal contempt occurs when the contemnor actually interferes with the ability of the court to function properly — for example, by yelling at the judge. This is also called direct contempt because it occurs directly in front of the judge. A criminal contemnor may be fined, jailed, or both as punishment for his act.

Civil contempt occurs when the contemnor willfully disobeys a court order. This is also called indirect contempt because it occurs outside the judge's immediate realm and evidence must be presented to the judge to prove the contempt. A civil contemnor, too, may be fined, jailed, or both. The fine or jailing is meant to coerce the contemnor into obeying the court, not...

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