Disobedience to, disrespect of or interference with a court by - - PowerPoint PPT Presentation

Disobedience to, disrespect of or interference with a court by acting in

• pposition to its judicial authority.

NOTE: The person must have willfully committed the act.

CONTEMPT OF COURT: WhaT is iT?

CONTEMPT OF COURT: WhaT iT is NOT Contempt of court is not personal – personally offended is not enough Conduct unrelated to one of your cases is not contempt – it is not contempt unless the act disrespects you or interferes with you in the discharge of your duties.

PURPOsE OF CONTEMPT aUThORiTY A court’s power to punish for contempt arises out of its inherent power to require that proceedings be conducted with dignity and in an orderly and expeditious manner and to control the proceedings so that justice is done.

Texas Government Code Sections 21.001 and 21.002

sCOPE OF CONTEMPT aUThORiTY

A county court has authority to punish

• Acts of contempt committed in its presence
• Disobedience of rules and orders,

in its presence or not

• Disturbance of deliberations,

in its presence or not

• Interference with justice, in its presence or not

JURisDiCTiON OvER CONTEMPT aCTiONs

The alleged act of contempt must relate to a case pending in your court or an order you issued. You must have jurisdiction over case and the person.

ExaMPlEs OF aCTs OF CONTEMPT Contemptuous remarks in front of the court Violation of an order or decree Defamatory publications about a pending suit Influencing officers of the court, jurors or witnesses Interfering with a person or property in litigation

CONTEMPT: ThE PEOPlE Officers of the court in general Attorneys in particular

• Offensive, false or disruptive statements, offensive or frivolous

filings, violating orders

Jurors/prospective jurors Parties Witnesses Press

CaTEgORizE ThE CONTEMPT

Is it direct or constructive contempt?

• Words spoken or acts done in the court’s presence

constitute

• An act committed outside the presence of the court is

DiRECT CONTEMPT: WhaT iT is aND is NOT

Examples of direct contempt (in the presence)

• Trial misconduct
• Contemptuous acts in chambers

Acts held NOT in the presence of the court

• Attorney late for trial
• Failure to comply with written order
• Filing offensive papers in court
• Filing fraudulent answer in court

DiRECT CONTEMPT PROCEEDiNgs Judge may act immediately to stop disruption May be punished summarily – no need for notice or hearing of evidence if court observed the act If the court does not act immediately to punish, it must be tried as an act of constructive contempt Influencing officers of the court, jurors or witnesses Court officers have right to release pending hearing

CONsTRUCTivE CONTEMPT PROCEEDiNgs

Rights of alleged contemnor

• Notice of the charges
• Hearing in open court

> Present testimony > Cross-examine

CONsTRUCTivE CONTEMPT PROCEEDiNgs

Filing the complaint

• Must be filed by person with knowledge
• Must allege facts regarding each allegation of

contempt

• Must allege person charged knowingly committed acts

NOTiCE: ThE shOW CaUsE ORDER Requires the person to appear and show why he should not be held in contempt Notice should be served at least 3 days before hearing Formal service not required if there is actual notice or the person appears voluntarily Due process requires the order to state when, how, and by what means the person committed contempt

CONsTRUCTivE CONTEMPT hEaRiNg

Generally no right to jury trial

• Federal law may require if sentence > six months

Right to counsel, but court-appointed only if indigent and incarceration is possible Right to call witnesses to prove a defense or show mitigation facts

CONsTRUCTivE CONTEMPT hEaRiNg

Privilege against self-incrimination applies Double jeopardy issues Defenses:

• Void order
• Lack of knowledge of order
• Acquiescence of complainant in violation of order
• Truth of statement charged as contempt

CONsTRUCTivE CONTEMPT:

Mootness of underlying action Apology or purge Advice of counsel

DEFENsEs ThaT DO NOT ExCUsE CONTEMPT

CaTEgORizE ThE CONTEMPT

Is it criminal contempt or civil contempt?

• If the purpose is punishment for a past act of contempt,

it is criminal contempt

• In civil contempt, the fine or imprisonment is used to

coerce compliance with a court order

BURDEN OF PROOF Criminal Contempt: beyond a reasonable doubt Civil Contempt: preponderance of the evidence

• more likely than not

JUDgMENT OF CONTEMPT A written judgment is required to punish for constructive contempt It must conform to show cause order The judgment should:

• Recite the jurisdiction over both the person and the case
• Recite the acts or omissions that constituted coerce

the contempt

JUDgMENT OF CONTEMPT The Judgment should also:

• Be certain as to the time and condition of the

punishment

• If punishing for multiple acts, make separate findings as

to each and fix punishment separately

• Identify acts required of the person to mitigate

punishment

ThE ORDER OF COMMiTMENT Required if punishment includes imprisonment Commitment directs an officer to take the person to jail and detain them there No term need be specified if:

• He will be released on compliance with order and
• He knows what he or she must do to get out

PUNishMENT Fine, imprisonment or both Statutory Maximum Punishments/continuing violations Fines and time-served

REviEW OF a JUDgMENT OF CONTEMPT No direct appeal Typically must seek out writ of habeas corpus Mandamus may be available if habeas corpus in not Appellate relief only if order is void

• Was there jurisdiction over the person and the case
• Was there due process (notice and opportunity to be heard)
• Was the order supported by any evidence

• Gov. Code Sec. 81.023. CONTEMPT.

The commissioners court shall punish a person held in contempt by a fine of not more than $25

• r by confinement for not more 24 hours.

A person fined under this section may be confined until the fine is paid.

CONTEMPT iN COMMissiONERs’ COURT

a BETTER sOlUTiON

• Tex. Penal Code § 42.05 (2012)

42.05. Disrupting Meeting or Procession

(a) A person commits an offense if, with intent to prevent or disrupt a lawful meeting, procession, or gathering, he obstructs or interferes with the meeting, procession, or gathering by physical action or verbal utterance. (a) An offense under this section is a Class B misdemeanor.