Section 1-8 Contempt of Court
1-8.01 Contempt of Court. Contempt of Court is defined generally as any act which is calculated to
embarrass, hinder, or obstruct court in its administration of justice, or is calculated to lessen its authority or
dignity.
(a) Criminal contempt is an act performed in the presence of the Court.
(b) Civil contempt is a failure to perform an act as ordered by the Court.
1-8.02 Criminal Contempt of Court. Any person who, after warning of the Court, fails to maintain the
respect due the Court or engages in offensive conduct in the courtroom shall be deemed guilty of contempt
of court and subject to immediate sentencing by the Tribal Court judge to imprisonment for a period not to
exceed 90 days or a fine not to exceed $300 or both.
(a) Offensive conduct includes:
(1) Disorderly, contemptuous, or insolent behavior committed in immediate view and presence
of the court and directly tending to interrupt its proceedings or to impair the respect due to
its authority; or
(2) Any breach of the peace, noise, or other disturbance directly tending to interrupt the
proceedings of the court.
1-8.03 Civil Contempt of Court. Any person may be charged in civil contempt of court for any of the
following reasons:
(a) Willful disobedience of any process or order lawfully issued by the court;
(b) Resistance willfully offered by any person to the lawful order or process of the court;
(c) The unlawful refusal of any person to be sworn or affirmed, or unlawful refusal to answer any
material questions, except where refusal is based on legally-recognized grounds;
(d) The publication of a false or grossly inaccurate report of the proceedings of any court;
(e) Failure to appear on the date jury trial is scheduled after making a request for a jury trial; or
(f) Willful failure to appear at a judicial proceeding in response to any duly issued subpoena,
summons, citation, notice from the clerk of the court, or court order, commanding such
appearance.
1-8.04 Criminal Contempt Proceedings.
(a) In a criminal contempt proceeding the contempt or is entitled to notice and an opportunity to be
heard. Notice of criminal contempt shall be by formal written complaint and will include:
(1) mailing by the clerk to the contemnor, a copy of the notice, the charge, a statement that the
proceeding is a criminal contempt proceeding, and a statement of the defendant’s rights;
(2) a statement that the defendant has an opportunity to have a hearing before the Court
without a jury to explain the circumstances surrounding the contempt. Any such testimony
given by defendant under this section cannot be used in a separate criminal proceeding;
(3) the right to a jury trial if the informal hearing described in (2) above does not resolve the
issue to the satisfaction of the contemnor and/or the Tribe seeks to impose a jail term; and
(4) the right to the services of the Tribe’s criminal defender, if such services are provided.
(b) Guilt must be established beyond a reasonable doubt and the case will be prosecuted by the
Spokane Tribal Prosecutor. The contemnor is not entitled to a jury trial if the Tribe does not
seek the imposition of a jail penalty.
(c) The defendant shall have the right to an appeal before the Spokane Tribal Court of Appeals if
there is a finding of contempt.
1-8.05 Civil Contempt.
(a) Civil contempt is coercive in nature and is imposed to coerce the contemnor to do what the
Court made it his/her duty to do by order of the Court.
(b) There is no right to a jury trial in a civil contempt proceeding.
1-8.06 Civil Contempt Hearing.
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Revised Spokane Law & Order Code, 5/14/2013