West Virginia Code > Chapter 61 > Article 5 > § 61-5-26 - Contempt of court; what constitutes contempt; jury trial; presence of defendant
Current as of: 2010
The courts and the judges thereof may issue attachment for contempt and punish them summarily only in the following cases: (a) Misbehavior in the presence of the court, or so near thereto as to obstruct or interrupt the administration of justice; (b) 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) misbehavior of an officer of the court, in his official character; (d) disobedience 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. No court shall, without a jury, for any such contempt as is mentioned in subdivision (a) of this section, impose a fine exceeding fifty dollars, or imprison more than ten 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 court shall impose a fine for contempt, unless the defendant be present in court, or shall have been served with a rule of the court to show cause, on some certain day, and shall have failed to appear and show cause.________________________________________________________________________
Questions & Answers: Crimes Against Public Administration Is it obstruction of justice for a judge or state to refuse to turn over evidence needed to file an appeal?... | | Michael,
Normally, it is improper to try to offer or refer to new evidence in an appeal. An appeal is normally based on whatever evidence was introduced at trial. So I am having t... | | so the state of florida can frame an innocent person by not turning over evidence before a trial. have you heard of brady vs maryland?... | | In the state of Maryland, is there a penal code, for giving the police a false statement, lying to a police, or purjury? In NY, the penal code for perjury is section 195, what is i... | | If you don't know, the person did something wrong and you kept him in your house just to talk or eat, is this rendering, ...My daughter helped one of her friends, and she didn't kn... | | would this apply when being booked for felony, i.e., giving wrong address?... |
West Virginia Laws: Crimes Against Public AdministrationU.S. Code Provisions: Crimes Against Public AdministrationFederal Regulations: Crimes Against Public Administration
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