§ 22-506. Contempt of court.

(a)

Unlawful. It shall be unlawful for any person to be in contempt of court. Contempt of court is an act or omission tending to obstruct or interfere with the orderly administration of justice, or to impair the dignity of the mayor's court or respect for its authority. Contempts of court are of two kinds, direct and constructive.

(b)

Direct contempt of court. A direct contempt of court is one committed in the immediate view and presence of the court and of which it has personal knowledge. A direct contempt of court includes, but is not limited to, any of the following acts:

(1)

Contumacious failure, after notice, to appear for arraignment or trial on the day fixed therefor.

(2)

Contumacious failure to comply with a subpoena or summons to appear in court, proof of service of which appears of record.

(3)

Refusal to take the oath or affirmation as a witness, or refusal of a witness to answer a non-incriminating question when ordered to do so by the court.

(4)

Contumacious, insolent, or disorderly behavior toward the judge or an attorney or other officer of the court, tending to interrupt or interfere with the business of the court or to impair its dignity or respect for its authority.

(5)

Breach of the peace, boisterous conduct, or violent disturbance tending to interrupt or interfere with the business of the court or to impair its dignity or respect for its authority.

(6)

Use of insulting, abusive, or discourteous language by an attorney or other person in open court, or in a document filed with the court in irrelevant criticism of another attorney or of a judge or officer of the court.

(7)

Violation of a rule of the court adopted to maintain order and decorum in the court room.

(c)

Judgment. A person who has committed a direct contempt of court may be found guilty and punished therefor by the court without any trial, after affording him an opportunity to be heard orally by way of defense or mitigation. The court shall render an order reciting the facts constituting the contempt, adjudging the person guilty thereof, and specifying the punishment imposed.

(d)

Constructive contempt. A constructive contempt of court is any contempt other than a direct one. A constructive contempt includes, but is not limited to any of the following acts:

(1)

Willful neglect or violation of duty by the clerk, marshal, or other person elected, appointed, or employed to assist the court in the administration of justice.

(2)

Willful disobedience of any lawful judgment, order, mandate, writ, or process of court.

(3)

Removal or attempted removal of any person or of property in the custody of an officer acting under the authority of a judgment, order, mandate, writ, or process of the court.

(4)

Unlawful detention of a witness, the defendant or his attorney, or the prosecutor, while going to, remaining at, or returning from the court.

(5)

Assuming to act as an attorney or other officer of the court, without lawful authority.

(e)

Legal proceedings.

(1)

When a person is charged with committing a constructive contempt, he shall be tried by the judge on a rule to show cause alleging the facts constituting the contempt. The rule may be issued by the court on its own motion, or on motion of the prosecutor.

(2)

A certified copy of the motion and of the rule shall be served on the person charged, in the manner of a subpoena, not less than 48 hours prior to the time assigned for trial of the rule.

(3)

If the person charged with contempt is found guilty, the court shall render an order reciting the facts constituting the contempt, adjudging the person charged with the contempt guilty thereof, and specifying the punishment imposed.

(f)

Penalties.

(1)

A person adjudged guilty of contempt of court shall be subject to a fine or not more than $500.00, or by imprisonment for not more than 60 days, or both.

(2)

When an attorney is adjudged guilty of a direct contempt of court, the punishment shall be limited to a fine of not more than $100.00, or imprisonment for not more than 24 hours, or both; and, for any subsequent direct contempt of the same court by the same offender, a fine of not more than $200.00, or imprisonment for not more than ten days, or both.

(3)

When a contempt of court consists of the omission to perform an act which is yet in the power of the person charged with contempt to perform, he may be imprisoned until he performs it, and in such a case this shall be specified in the court's order.