CHAPTER 103

CONTEMPT

103.01                         Contempt

Subdivision 1. Kinds. Contempt of court are of two kinds, direct and constructive.

Subdivision 2. Direct. Direct contempt are those which occur in the immediate view and presence of the court, and arise from one or more of the following acts:

      (1)             Disorderly, contemptuous, or insolent behavior toward the judge while holding court, tending to interrupt the due course of a trial or other judicial proceedings;

      (2)             A breach of the peace, boisterous conduct, or violent disturbance, tending to interrupt the business of the court.

Subdivision 3. Constructive. Constructive contempt are those not committed in the immediate presence of the court, and of which it has no personal knowledge, and may arise from any of the following acts or omissions:

      (1)             Misbehavior in office, or other willful neglect or violation of duty, by a counselor, court administrator, or other person appointed or elected to perform a judicial or ministerial service;

      (2)             Deceit or abuse of the process or proceedings of the court by a party to an action or special proceeding;

      (3)             Disobedience of any lawful judgment, order, or process of the court;

      (4)             Unlawfully detaining a witness or party to an action while going to, remaining at, or returning from the court where the action is to be tried;

      (5)             Any other unlawful interference with the process or proceedings of a court;

      (6)             Disobedience of a subpoena duly served, or refusing to be sworn or to answer as a witness;

      (7)             When summoned as a juror in a court, neglecting to attend or serve, improperly conversing with a party to an action to be tried at the court or with any person relative to the merits of the act, or receiving a communication from a party or other person in reference to it, and failing to immediately disclose the same to the court;

      (8)             Disobedience, by an inferior tribunal or officer, of the lawful judgment, order, or process of a superior court, proceeding in any court contrary to law after it has been removed form its jurisdiction;

      (9)             Failure or refusal to pay a penalty assessment levied pursuant to law.

103.02                         Summary Punishment

A direct contempt may be punished summarily, for which an order shall be made reciting the facts as occurring in the immediate view and presence of the court and adjudging the person proceeded against to be guilty of a contempt, and the person be punished as therein specified. Punishment may consist of a fine or imprisonment or both.

103.03                         Arrest; Order to Show Cause

In cases of constructive contempt, an affidavit of the facts constituting the contempt shall be presented to the court, who may either issue a warrant of arrest to bring the person charged to answer or, without a pervious arrest, upon notice, or upon an order to show cause, which may be served in the same manner as a summons in an action, the court may commit the person to jail, impose a fine, or both, and make such order thereupon as the case may require.

103.04                         Hearing

When the person arrested has been brought into court, or has appeared, the court shall investigate the charge by examining the person and the witnesses for and against the person, for which an adjournment may be had from time to time, if necessary.

103.05                         Penalties for Contempt of Court

Upon the evidence so taken, the court shall determine the guilt or innocence of the person proceeded against and, if the person is adjudged guilty of the contempt charge, the person shall be punished by a fine of not more than $250.00, or by imprisonment for not more than six (6) months, or by both. In cases of the person's inability to pay the fine or endure the imprisonment, the person may be relieved by the court in such manner and upon such terms as may be just.

103.06                         Imprisonment Until Performance

When the contempt consists in the omission to perform an act which is yet in the power of the person to perform, the person may be imprisoned until the person performs it, and in such cases the act shall be specified in the warrant of commitment.