Contempt

• Author: Jeffrey Lehman, Shirelle Phelps

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An act of deliberate disobedience or disregard for the laws, regulations, or decorum of a public authority, such as a court or legislative body.

Individuals may be cited for contempt when they disobey an order, fail to comply with a request, tamper with documents, withhold evidence, interrupt proceedings through their actions or words, or otherwise defy a public authority or hold it up to ridicule and disrespect. The laws and rules governing contempt have developed in a piecemeal fashion over time and give wide discretion to judges and legislative leaders in determining both what constitutes contempt and how it is punished.

Contempt of Court

Contempt of court is behavior that opposes or defies the authority, justice, and dignity of the court. Contempt charges may be brought against parties to proceedings; lawyers or other court officers or personnel; jurors; witnesses; or people who insert themselves in a case, such as protesters outside a courtroom. Courts have great leeway in making contempt charges, and thus confusion sometimes exists about the distinctions between types of contempt. Generally, however, contempt proceedings are categorized as civil or criminal, and direct or indirect.

Civil contempt generally involves the failure to perform an act that is ordered by a court as a means to enforce the rights of individuals or to secure remedies for parties in a civil action. For instance, parents who refuse to pay court-ordered CHILD SUPPORT may be held in contempt of court under civil contempt. Criminal contempt involves behavior that assaults the dignity of the court or impairs the ability of the court to conduct its work. Criminal contempt can occur within a civil or criminal case. For

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example, criminal contempt occurs when a witness or spectator shouts or insults the judge during a trial. A civil contempt usually is a violation of the rights of one person, whereas a criminal contempt is an offense against society. Courts use civil contempt as a coercive power, wielding it only to ask that the contemnor comply with the courts' actions. Criminal contempt is punitive; courts use it to punish parties who have impaired the courts' functioning or bruised their dignity.

A direct contempt is an act that occurs in the presence of the court and is intended to embarrass or engender disrespect for the court. Shouting in the courtroom or refusing to answer questions for a judge or attorney under oath is a direct contempt. Indirect contempt occurs outside the presence of the court, but its intention is also to belittle, mock, obstruct, interrupt, or degrade the court and its proceedings. Attempting to bribe a district attorney is an example of an indirect contempt. Publishing any material that results in a contempt charge is an indirect contempt. Other kinds of indirect contempt include preventing process service, improperly communicating to or by jurors, and withholding evidence. One man was threatened with contempt charges because he had filed more than 350 lawsuits that the judge considered frivolous. Indirect contempt also may be called constructive or consequential contempt; all three terms mean the same thing.

The essence of contempt of court is that the misconduct impairs the fair and efficient administration of justice. Contempt statutes generally require that the actions present a CLEAR AND PRESENT DANGER that threatens the administration of justice.

The manner in which an act is committed or the tone in which words are spoken can determine whether contempt has occurred. Circumstances, such as the context in which the words were spoken, the tone, the facial expression, the manner, and the emphasis, are also evaluated by the court. Failure to complete an act that, if completed, would tend to bring the court into disrespect does not preclude the act from being contemptuous.

Criticisms of the Contempt-of-Court Power

The discretion permitted to judges in determining what is contempt and how to punish it has led some legal scholars to argue that the contempt power gives too much authority to judges. Earl C. Dudley, University of Virginia...