44-710. CRIMINAL CONTEMPT CHARGED — RIGHTS OF ACCUSED. In all cases where a person shall be charged with direct criminal contempt for violation of a restraining order or injunction issued by a court or judge or judges thereof, the accused shall enjoy,

(a) The rights as to admission to bail that are accorded to persons accused of crime.

(b) The right to be notified of the accusation and a reasonable time to make a defense, provided the alleged contempt is not committed in the immediate view or presence of the court,

(c) Upon demand, the right to a speedy and public trial by an impartial jury of the judicial district wherein the contempt shall have been committed, provided that this requirement shall not be construed to apply to contempts committed in the presence of the court or so near thereto as to interfere directly with the administration of justice or to apply to the misbehavior, misconduct, or disobedience of any officer of the court in respect to the writs, orders, or process of the court, and

(d) The right to file with the court a demand for the retirement of the judge sitting in the proceeding, if the contempt arises from an attack upon the character or conduct of such judge and if the attack occurred otherwise than in open court. Upon the filing of any such demand the judge shall thereupon proceed no further, but another judge shall be designated by the presiding judge of said court. The demand shall be filed prior to the hearing in the contempt proceeding.

History:

[44-710, added 1933, ch. 215, sec. 10, p. 452.]