A person showing contempt is one who views another person, entity, or situation with disdain or scorn, or who treats people with dishonor, or considers them disgraceful. Contempt of court involves an individual showing a lack of respect for the court, or for the rules and procedures of the court, or who defies the court’s authority. To explore this concept, consider the following contempt of court definition.
Origin
1350-1400 Middle English < Latin contemptus (a slighting)
Contempt of court refers to any behavior of an individual that defies or opposes the authority or dignity of the court. Contempt of court charges may be leveled against any party to a court proceeding, their lawyers, witnesses, jurors, court officers or personnel, and even non-involved individuals, such as protesters outside a trial. Contempt charges may be civil or criminal, and the court has a great deal of leeway in charging people with contempt.
Acts of contempt may generally be divided into certain categories of contempt:
Because judges have discretion over when an individual should be charged with contempt, such actions as filing large numbers of frivolous lawsuits may result in charges of contempt, as it hinders the court’s ability to fairly and efficiently administer justice to all in its jurisdiction.
When a court cites someone for contempt, the punishment could range from a fine to jail time. Because the judge has complete discretion in controlling the courtroom, and in enforcing orders of the court, contempt of court citations cannot generally be appealed. While fines imposed for contempt of court go to the court, the judge may also order the individual to pay the opposing party’s attorney’s fees for any work required because of the contempt, so it can be a costly mistake.
When an individual commits contempt of court for such things as failing to pay a traffic fine, or failing to appear at a mandatory court hearing, the judge may issue a contempt of court warrant, also referred to as a “bench warrant.” This contempt of court warrant authorizes law enforcement officers to arrest the individual if he is located. A bench warrant differs from an arrest warrant in that arrest warrants are issued when someone is suspected of having committed a crime. Bench warrants are issued for individuals who have committed an offense or insult to the court. Arrest warrants are issued in criminal cases, but a contempt of court warrant may be issued in both civil and criminal cases.
In the event an individual is charged with criminal contempt, the contemptuous act must be proven beyond a reasonable doubt. Contempt of court penalties imposed for criminal contempt, whether a fine or imprisonment, is enforced unconditionally.
Even in cases of civil contempt, jail time is sometimes threatened, though if imposed it is usually brief. In fact, jail time usually ends when the individual complies with the judge’s order. In this situation, the jailed individual is usually placed in the custody of the local sheriff or other court officer and, because he is said to “hold the keys to his own cell,” due process of law is not necessary.
Jail time sanctions may only be imposed for civil contempt if the individual actually has the ability to comply with the court’s order, yet has failed to do so. For example, Automatic Temporary Restraining Orders exist in John and Suzy’s divorce prohibiting either party from selling or getting rid of any marital assets until after the divorce has been finalized. During a hearing, the judge learns that John has removed a pricey piece of art from the couple’s storage container. The judge orders John to return the art, but John does not have the ability to comply because it has been sold to a stranger. The court cannot order John jailed until he complies with the court’s order, as compliance is impossible. The court could level other sanctions against John, however.