Contempt of court by Lawrence E. Weiss, attorney-at-law
From ANIMAL PEOPLE, December 1996:
Steve Hindi’s case has many points of legal
interest for animal rights activists. I believe contemptof-court
may be the new weapon of choice for district
attorneys in efforts to jail protesters.
Activists may encounter a contempt charge in
either a civil or criminal context. Contempt is a sanction
for disobedience of a court order, such as an
injunction or temporary restraining order, or for “disrespectful”
courtroom behavior. The alleged disrespect
may include any behavior that the judge feels is disorderly,
but is most often a refusal to leave the courtroom,
to stop talking, or to answer a question when
ordered to so so by the judge.
Contempt is classified as either “direct” or
“indirect.” Direct contempt takes place in the presence
of the judge; indirect contempt occurs anywhere else.
Courts may punish direct contempt on the spot. In
either kind of contempt case, however, the defendant is
entitled to present a defense to the charge. This requires
that the defendant must be notified in advance that a
hearing is to take place, and must have sufficient time
to hire counsel and prepare a defense.