Contempt

Question 1

Summary Proceedings for Direct Contempts

Answer 1

Immediate action by judge to halt disrespectful action or other violations of court orders or court decorum, when those acts occur in the courtroom in the presence of the judge and interfere with the judicial process.

The sanctions are criminal and cannot exceed 6 months in jail

or include a “serious” fine.

Question 2

Indirect Contempts

2 types violation of Injunctions

Answer 2

1. Civil Contempt - notice and hearing but no right to jury trial exists
2. Criminal Contempt - typical criminal procedure and jury trial required for serious sentences

Question 3

Civil Contempt

indirect contempt

Answer 3

Civil Contempt Notice and Hearing required no right to jury trial exists.

• Fines payable to the plaintiff to compensate for harm stemming from the violation or
• Fines payable to the state but can be avoided by perfomance of a simple act (coercive)

Imprisonment
- Sentence of incarceration that can be ended by the contemnors performance of a simple act
- prisoner holds the key

cant be longer that

Purge Clause makes it so that long term incarecations will not require a jury trial since prisoner holds the key to get out of jail (gold case)

Question 4

Criminal Contempt

Answer 4

• Typical crim procedure and jury requried for serious sentences

Fines

• payable to the state and not related to plaintiffs damage
• Punishes for past conduct rather than coercing future conduct and cannot be purged

Imprisonment
- sentenced for a definite period and
- cannot be purged