LEGAL EASE
by Shane Givens and Summer McWhorter

May 23, 2013

What is "contempt"?


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Most people have heard of the term “contempt” or “contempt of court” but few people really understand what it means. There are several different types of contempt when discussing legal matters. “Civil contempt” and “criminal contempt” are separate entities that mean different things.

The Black's Law Dictionary defines contempt as “conduct that defies the authority or dignity of a court or legislature.” It goes on to say that “because such conduct interferes with the administration of justice it is punishable, usually by fine or imprisonment.”

Civil contempt occurs when a party fails to obey a court order issued for someone else's benefit. The act that the person failed to accomplish must have been within the person's power to perform and any contempt order must include how the contempt may be purged and everything made right. The purpose of civil contempt can be to coerce the person into action or to remedy the harm brought by the inaction.

Criminal contempt is some action that obstructs justice or attacks the integrity of the court. A proceeding based on criminal contempt is punitive in nature. This means that the whole purpose is to punish the person found in contempt. This usually refers to repeated failure to comply with a court order. Criminal procedure and all protections of criminal law apply and any confinement must be for a definite period.

The main differences are that, should confinement be imposed, it must be for a definite length for criminal contempt, but until the contempt is purged in a case of civil contempt. Another major difference is that for criminal contempt, a person can demand a jury trial and the contempt must be proven beyond a reasonable doubt. In a case of civil contempt, the judge can make the decision to hold someone in contempt upon a preponderance of the evidence. This is a lesser standard than the criminal standard. A judge can also hold a person in contempt for something the judge witnessed while the person was in front of the court.

We see contempt most in domestic relations cases. Often those cases involve very detailed and specific orders where one or both parties are not happy with the content of said order. When someone does not comply with an order, the other party can file a motion or petition for the non-complying party to be found in contempt of court. Punishments often include paying the other party's attorney fees.

A few weeks ago, a judge in Michigan felt the heat from his own rule against phones in the courtroom. This particular judge holds people in contempt and fines them $25 if their phone rings during court. One day in April, the judge's new smartphone began to make noises in the middle of a closing argument in a jury trial. The judge held himself in contempt and during a break from the trial went to the clerk's office to pay his $25 fine. This goes to show, no one is above the rules.

This column is intended for general information purposes only. The answers to most legal problems rely on specific facts of a particular situation; therefore, it is very important to see a lawyer when these situations arise. Please e-mail questions for future columns to givenslaw@tds.net.