Contempt of court is disobedience to or disrespect of a court by acting in opposition to its authority. The power to punish for contempt is an inherent power of a court and an essential element of judicial independence and authority. A court’s power to punish by contempt order allows the court to enforce its orders.
Actions constituting contempt of court can be divided into two categories: direct and constructive. Direct contempt involves disobedience or disrespect that occurs within the presence of the court. Constructive contempt occurs outside the court’s presence. The distinction between direct and constructive contempt is important because it determines the procedural protections that must be provided.
Contempt punishment can be divided into criminal and civil. Civil contempt is coercive, and the contemnor (person held in contempt) may obtain his release by complying with the court’s order. In criminal contempt proceedings, the court punishes the contemnor for improper actions and no subsequent voluntary compliance can avoid punishment for past acts. Criminal contempt proceedings require additional due process protections. The required constitutional protections depend on whether the criminal contempt is serious or not. Serious criminal contempt involves imprisonment for more than six months. However, even for non-serious criminal contempt proceedings, courts have held that parties are entitled to advance notice of their potential punishment.
Finally, because due process requires not only notice, but an opportunity to be heard, a person accused of contempt is also entitled to present a defense to the alleged contempt.
In Ohio, contempt of court encompasses acts of disobedience or disrespect towards the court's authority, either within its presence (direct contempt) or outside of it (constructive contempt). The distinction is crucial as it affects the procedural safeguards required. Ohio courts have inherent power to enforce orders through contempt sanctions, which can be either civil or criminal. Civil contempt is remedial, aimed at compelling compliance with court orders, and the contemnor can secure release by adhering to the order. Criminal contempt, on the other hand, is punitive, and compliance after the fact does not negate the punishment for the act of contempt. Criminal contempt charges carry additional due process requirements, especially if the contempt is considered 'serious,' which typically involves potential imprisonment of more than six months. Even in cases of non-serious criminal contempt, the accused must receive advance notice of the charges and potential penalties, and they have the right to present a defense. These protections are grounded in the constitutional requirement for due process, ensuring fair treatment through the legal process.
