Contempt of Court

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Contempt of Court
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2 Types of Contempt of Court

• Criminal Contempt
• Used to punish disobedience and preserve
  authority and dignity of the court
• Grounds for criminal contempt are exclusively
  those specified in NCGS 5A-11 (a) (1)-(a) (10)
• Direct criminal contempt
• Indirect criminal contempt

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• Civil contempt
• Used to encourage compliance with courts orders
• Failure to comply with an order of a court is a
  continuing civil contempt as long as
• The order remains in force
• The purpose of the order may still be served by
  compliance with the order
• The noncompliance by the person to whom the order
  is directed is willful and
• A person to whom the order is directed is able to
  comply with the order or is able to take
  reasonable measures that would enable the person
  to comply with the order

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Direct Criminal Contempt

• Criminal contempt is direct criminal contempt
  when the act is committed within the sight or
  hearing of a presiding judicial official and
• Is committed in or in immediate proximity to the
  room where proceedings are being held before the
  court and
• Is likely to interrupt or interfere with matters
  then before the court.

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Indirect Criminal Contempt

• Any criminal contempt other than direct criminal
  contempt and
• Punishable only after proceedings required by GS
  5A-15.

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Summary Proceedings for Direct Criminal Contempt

• NCGS 5A-14 Summary Proceedings
• Summary imposition of measures in response to
  direct criminal contempt
• When necessary to restore order or maintain
  dignity and authority of the court and
• Measures are imposed substantially
  contemporaneously with the contempt

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• Before imposing measures under this section, the
  judicial official must give the person charged
  with contempt
• Summary notice of the charges and
• Summary opportunity to respond
• Must find facts supporting the summary imposition
  of measures in response to contempt

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Plenary Proceedings for Direct and Indirect
Criminal Contempt

• NCGS 5A-15
• Used when a judicial official chooses not to
  proceed summarily with a person charged with
  direct criminal contempt or when he may not
  proceed summarily
• The judicial official may proceed by an order
  directing the person to appear before a judge at
  a reasonable time and show cause why he should
  not be held in contempt
• A copy must be given to the person charged

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Standard of Proof in Criminal Contempt

• NCGS 5A-14 (b) and NCGS 5A-15 (f) mandate that
  facts in criminal contempt cases must be found
• Beyond a reasonable doubt

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Who Prosecutes Contempt?

• NCGS 5A-15 (g) In criminal contempt a judge may
  appoint
• A prosecutor or, if apparent conflict of
  interest,
• A member of the Bar to represent the court
• NCGS 5A-23 (f) In civil contempt a person with
  an interest in enforcing the order may present
  the case for a finding of civil contempt

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Punishment for Criminal Contempt

• Censure
• Imprisonment up to 30 days
• Fine not to exceed 500
• Or any combination thereof
• EXCEPT

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EXCEPT

• Violation of GS 5A-11 (8)
• Censure
• Imprisonment not to exceed 6 months
• Fine not to exceed 500
• Or any combination of the 3
• AND

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AND

• A person who has NOT been arrested, who fails to
  comply with a nontestimonial identification order
  is subject to
• Censure
• Imprisonment not to exceed 90 days
• Fine not to exceed 500
• Or any combination of the 3
• EXCEPT

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EXCEPT

• Except for contempt under GS 5A-11 (5) (9) fine
  or imprisonment may NOT be imposed for criminal
  contempt, direct or indirect unless
• The act or omission was willful contemptuous or
• The act or omission was proceeded by a clear
  warning by the court that the conduct is imrpoper

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Consequences of Civil Contempt

• A person found in civil contempt my be imprisoned
  as long as the civil contempt continues,
• EXCEPT

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EXCEPT

• NCGS 5A-21 (b)(1)-(b)(2) A person found in civil
  contempt but not arrested for failure to comply
  with a nontestimonial identification order may
  not be imprisoned more than 90 days unless the
  person is arrested on probable cause and the
  period of imprisonment for a person found in
  civil contempt may not exceed 90 days for the
  same act of disobedience or refusal to comply
  with an order of the court, but may be
  recommitted for successive periods up to 90 days
  not to exceed 12 months after a hearing de novo.
• ALTHOUGH

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ALTHOUGH

• Notwithstanding NCGS 5A-21 (b)(2) a person
  found in civil contempt for failure to comply
  with a court order to perform an act that does
  not require the payment of a monetary judgment,
  the person may be imprisoned as long as the civil
  contempt continues without further hearing

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Same Conduct

• A person may not be held in criminal and civil
  contempt for the same conduct.