CONTEMPT

contempt,n.1. The act or state of despising; the condition of being despised. 2. Conduct that defies the authority or dignity of a court or legislature. • Because such conduct interferes with the administration of justice, it is punishable, usu. by fine or imprisonment. Fed. R. Civ. P. 45(e); Fed. R. Crim. P. 42; 18 USCA § 401. — Also termed contempt of court; judicial contempt. See CONTUMACY. [Cases: Contempt  1–26; States  40.C.J.S. Contempt §§ 2–33, 37; States § 60.] — contemptuous,adj.

“Contempt is a disregard of, or disobedience to, the rules or orders of a legislative or judicial body, or an inter-ruption of its proceedings by disorderly behavior or insolent language, in its presence or so near thereto as to disturb the proceedings or to impair the respect due to such a body.” Edward M. Dangel, Contempt§ 1, at 2 (1939).

civil contempt.The failure to obey a court order that was issued for another party’s benefit. • A civil-contempt proceeding is coercive or remedial in nature. The usual sanction is to confine the contemnor until he or she complies with the court order. The act (or failure to act) complained of must be within the defendant’s power to perform, and the contempt order must state how the contempt may be purged. Imprisonment for civil contempt is indefinite and for a term that lasts until the defendant complies with the decree. [Cases: Contempt  4, 20. C.J.S. Contempt §§ 9, 14, 17.] common-law contempt.See criminal contempt. consequential contempt. 1. Contempt that, although not amounting to gross insolence or direct opposition, tends to create a universal disregard of the power and authority of courts and judges. 2. See indirect contempt. constructive contempt.See indirect contempt. contempt of Congress.Deliberate interference with the duties and powers of Congress, such as a witness’s refusal to answer a question from a congressional committee. • Contempt of Congress is a criminal offense. 2 USCA § 192. [Cases: United States  23(9).] contempt of sovereignty.Int’l law. The minor diplomatic offense of interference in domestic affairs by a foreign representative, esp. by making a public statement about an issue currently being debated in the legislature. criminal contempt.An act that obstructs justice or attacks the integrity of the court. • A criminal-contempt pro-ceeding is punitive in nature. The purpose of criminal-contempt proceedings is to punish repeated or aggravated failure to comply with a court order. All the protections of criminal law and procedure apply, and the commitment must be for a definite period. — Also termed common-law contempt. [Cases: Contempt  3. C.J.S. Contempt §§ 7–8.] “Criminal contempt is a crime in the ordinary sense; it is a violation of the law, a public wrong which is punishable by fine or imprisonment or both.” Bloom v. Illinois, 391 U.S. 194, 201, 88 S.Ct. 1477, 1481 (1968).

direct contempt.A contempt (such as an assault of a testifying witness) committed in the immediate vicinity of a court; esp., a contempt committed in a judge’s presence. • A direct contempt is usu. immediately punishable when the transgression occurs. [Cases: Contempt  2.C.J.S. Contempt §§ 2–6, 11.]

indirect contempt.Contempt that is committed outside of court, as when a party disobeys a court order. • Indirect contempt is punishable only after proper notice to the contemnor and a hearing. — Also termed constructive contempt; consequential contempt. [Cases: Contempt  2. C.J.S. Contempt §§ 2–6, 11.] [Blacks Law 8th]