HB 4893 — Increase the penalties for contempt of court in a magistrate court

HB4893 SHFAT JUDAkers AM2-9Morgan #1Cobb3345 Delegate 7888 TheAkers Committee on the Judiciary moved to amend the bill by striking out everythingthe aftertitle theand enactingsubstituting clausetherefor anda insertingnew intitle, lieuto thereofread theas following:follows:H.

CHAPTERB. 50.

mAGISTRATE4893 COURTS.-- A Bill to amend and reenact §50-5-11 of the Code of West Virginia, 1931, as amended, relating to increasing the penalties and fines for a first, second, or third or subsequent finding contempt of court pertaining to the same matter in magistrate court;

Articleand 5.also relating to providing that a person adjudged guilty of a third or subsequent offense of contempt may, in the discretion of the magistrate, as an alternative to the sentence provided in the code, be sentenced in a manner consistent with §62-11A-1a of this code.”;    AdoptedRejected 

trials, hearings and appeals.

§50-5-11.

Contempt.

A magistrate may punish for contempt of court a person guilty of any of the following acts:(a) Contemptuous or insolent behavior toward such magistrate while engaged in the trial of a case or in any other judicial proceeding;(b) Any breach of the peace, willful disturbance, or indecent conduct in the presence of such magistrate while so engaged, or so near as to obstruct or interrupt the proceedings;(c) Violence or threats of violence to such magistrate, or any officer, juror, witness, or party going to, attending, or returning from, any judicial proceeding before the court with respect to anything done or to be done in the course of such proceeding;(d) Flagrant misbehavior of any officer of the county acting in his or her official capacity with respect to any action or judicial proceeding had or pending before the court, or any process, judgment, order or notice therein;

or(e) Willful resistance by an officer of the court, juror, witness, party or other person to any lawful process or order of the court.A magistrate may, if necessary, issue a warrant of arrest for such person, who shall be given an opportunity to be heard.

In the event such person is adjudged guilty of contempt, the person may be fined not more than $50 $200 and ordered to complete community service for the first offense.

For a second offense pertaining to the same matter the person may be fined not more than $100 $500 and ordered to complete community service.

For the third or any subsequent offense pertaining to the same matter the person may be fined not more than $100 $1,000, or imprisoned confined in the county jail not more than ten days, or both fined and imprisoned.

 A person adjudged guilty of a third or subsequent offense of contempt may, in the discretion of the magistrate, as an alternative to the sentence imposed by this section, be sentenced pursuant to §62-11A-1a of this code.

 An appeal to the circuit court of such conviction shall lie as in criminal cases.

CHAPTER 61.

Crimes and their punishment.

Article 5.

Contempt of court;

what consitutes contempt;

jury trial;

presence of defendent.

§61-5-26.

Contempt of court;

what constitutes contempt;

jury trial;

presence of defendant.

(a) The courts and the judges thereof of the courts may issue attachment for contempt and punish them summarily only in the following cases:

(a) (1) Misbehavior in the presence of the court, or so near thereto as to obstruct or interrupt the administration of justice;

(b) (2) violence Violence or threats of violence to a judge or officer of the court, or to a juror, witness, or party going to, attending or returning from the court, for or in respect of any act or proceeding had, or to be had, in such court;

(c) (3) misbehavior Misbehavior of an officer of the court, in his or her official character;

or (d) (4) disobedience Disobediance to or resistance of any officer of the court, juror, witness, or other person, to any lawful process, judgment, decree or order of the said court.

(b) No court shall, without a jury, for any such contempt as is mentioned in subdivision (a) of this section, impose a fine exceeding $50 $1,000, or imprison more than 10 days.

But in any such case the court may impanel a jury (without an indictment or any formal pleading) to ascertain the fine or imprisonment proper to be inflicted, and may give judgment according to the verdict.

No A court shall not impose a fine for contempt, unless the defendant be present in court, or shall have the defendant has been served with a rule of the court to show cause, on some certain day, and shall have failed to appear and show cause.

  AdoptedRejected