The primary purpose of the contempt power is to preserve the effectiveness and sustain the power of the courts. The secondary purpose is to protect and enforce the parties’ rights by compelling obedience to court orders and judgments. Examples of this would be failure to appear when subpoenaed, screaming profanities in court, and failure to obey a court order.
I have a client who had hired at least three attorneys in his case in which he was designated as the trustee to his sister’s funds/estate. His prior attorney did not even advise my client that he would not be appearing at a court hearing since he was ineligible to practice. As a consequence, my client had no attorney to represent him at that hearing. The case had been going on since 2000 and involved two other attorneys. Understandably, my client wasoverwhelmed.
He came to my office very scared and confused. On that day, the judge placed him on a “criminal contempt” charges for failure to provide the court and opposing counsel information ordered. She read him his constitutional rights and advised him to get a “good attorney because he will need it.”
The judge may impose sanctions such as fines or jail for someone found guilty of contempt of court. For criminal cases, sanctions typically are a jail term and fines that are intended to punish. Probationary terms may also be imposed. As for civil contempt, sanctions may include a fine or a jail term that ends when the offending behavior ends and money damages may be awarded to the injured party.
To prove contempt the prosecutor or complainant must prove four elements: existence of a lawful order, knowledge of the order, ability to comply and the failure to comply. As referenced, my client had attorneys and an accountant to insure that effective and full compliance with court proceedings would be effectuated.
The power to punish for contempt is broad and carries with it great responsibility to apply it judiciously and only when contempt is clearly and unequivocally shown. Defendants in criminal matters should be given every opportunity to exonerate themselves. Criminal contempt sanctions should be only utilized after the judge has determined that civil contempt remedies are inappropriate. It is well-established in practice and in case laws that courts must exercise restraint and the least possible power to meet the end proposed.
I will go in more detail next week about the types of orders that can be punished by contempt of court in divorce of family law actions. Any questions or concerns, feel free to email me at [email protected] or call my office at 310-601-7144.