HOUSE BILL NO. 208
INTRODUCED BY C. HARRIS, BRANAE, CLANCY, DAVIES, EGGERS, R. ERICKSON, GILLAN, JENT, LASLOVICH, NEWMAN, K. PETERSON, SHOCKLEY
AN ACT CLARIFYING CONTEMPT OF COURT PROCEDURE; CLARIFYING THE MEANING OF CIVIL AND CRIMINAL CONTEMPT; PROVIDING FOR DUE PROCESS IN CONTEMPT PROCEEDINGS AS REQUIRED BY MONTANA SUPREME COURT OPINIONS; AMENDING SECTIONS 3-1-501, 3-1-511, 3-1-513, 3-1-518, 3-1-520, 3-10-402, AND 3-11-303, MCA; AND REPEALING SECTIONS 3-1-519, 3-10-403, AND 3-10-404, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 3-1-501, MCA, is amended to read:
"3-1-501. What acts or omissions are contempts -- civil and criminal contempt. (1) The following acts or omissions in respect to a court of justice or proceedings in a court of justice are contempts of the authority of the court:
(a) disorderly, contemptuous, or insolent behavior toward the judge while holding the court tending to interrupt the due course of a trial or other judicial proceeding;
(b) a breach of the peace, boisterous conduct, or violent disturbance tending to interrupt the due course of a trial or other judicial proceeding;
(c) misbehavior in office or other willful neglect or violation of duty by an attorney, counsel, clerk, sheriff, coroner, or other person appointed or elected to perform a judicial or ministerial service;
(d) deceit or abuse of the process or proceedings of the court by a party to an action or special proceeding;
(e) disobedience of any lawful judgment, order, or process of the court;
(f) assuming to be an officer, attorney, or counsel of a court and acting as such that individual
without authority;
(g) rescuing any person or property in the custody of an officer by virtue of an order or process of the court;
(h) unlawfully detaining a witness or party to an action while going to, remaining at, or returning from the court where the action is on the calendar for trial;
(i) any other unlawful interference with the process or proceedings of a court;
(j) disobedience of a subpoena duly served or refusing to be sworn or answer as a witness;
(k) when summoned as a juror in a court, neglecting to attend or serve as a juror or
improperly conversing with a party to an action to be tried at the court or with any other person in
relation to the merits of the action or receiving a communication from a party or other person in
respect to it without immediately disclosing the same communication to the court;
(l) disobedience by a lower tribunal, magistrate, or officer of the lawful judgment, order, or process of a superior court or proceeding in an action or special proceeding contrary to law after the action or special proceeding is removed from the jurisdiction of the lower tribunal, magistrate, or officer.
(2) Disobedience of the lawful orders or process of a judicial officer is also a contempt of the authority of the officer.
(3) A contempt may be either civil or criminal. A contempt is civil if the sanction imposed seeks to force the contemnor's compliance with a court order. A contempt is criminal if the court's purpose in imposing the penalty is to punish the contemnor for a specific act and to vindicate the authority of the court. If the penalty imposed is incarceration, a fine, or both, the contempt is civil if the contemnor can end the incarceration or avoid the fine by complying with a court order and is criminal if the contemnor cannot end the incarceration or avoid the fine by complying with a court order. If the court's purpose in imposing the sanction is to attempt to compel the contemnor's performance of an act, the court shall impose the sanction under 3-1-520 and may not impose a sanction under 45-7-309.
(4) A person may be found guilty of and penalized for criminal contempt by proof beyond a reasonable doubt. The procedures provided in Title 46 apply to criminal contempt prosecutions, except those under 3-1-511."
Section 2. Section 3-1-511, MCA, is amended to read:
"3-1-511. Procedure -- contempt committed in the presence of the court. When a
contempt is committed in the immediate view and presence of the court or judge at chambers,
and the contemptuous conduct requires immediate action in order to restore order, maintain the
dignity or authority of the court, or prevent delay, it may be punished summarily,. for which an
An order must be made reciting the facts as occurring that occurred in such the judge's immediate
view and presence and adjudging that the person proceeded against is thereby guilty of a
contempt and that he the person must be punished as therein prescribed in the order. An order
may not be issued unless the person proceeded against has been informed of the contempt and
given an opportunity to defend or explain the person's conduct. A person may be adjudged guilty
of and penalized for criminal contempt under this section by a fine in an amount not to exceed
$500 or by imprisonment for a term not to exceed 30 days, or both, and by any other reasonable
conditions or restrictions that the court may consider appropriate under the circumstances."
Section 3. Section 3-1-513, MCA, is amended to read:
"3-1-513. Warrant of attachment or commitment -- statement of charge. When the
contempt is not committed in the immediate view and presence of the court or judge, a warrant of
attachment may be issued to bring the person charged to the court to answer or, without a
previous arrest, a warrant of commitment may, upon notice or upon an order to show cause, be
granted. No warrant of commitment can be issued without such previous attachment to answer or
notice or order to show cause the charge. The warrant must be accompanied by an adequate and
specific statement of the charge. The answer to the charge must be followed by a hearing under
3-1-518."
Section 4. Section 3-1-518, MCA, is amended to read:
"3-1-518. Hearing on contempt not committed in immediate view and presence of court
or judge at chambers. (1) When the a person arrested for a contempt not committed in the
immediate view and presence of the court or judge at chambers has been brought up or appeared,
the court or judge must shall proceed to investigate the charge, must hear shall schedule and hold
a hearing on any answer which that the person arrested may make to the same charge, and may
examine witnesses for or against him the person, for which an adjournment may be had from time
to time, if necessary. The judge investigating the charge and scheduling and presiding over the
hearing may not be the judge against whom the contempt was allegedly committed, except that if
the contempt arose from the violation of an order of the court issued after a hearing on the merits
of the subject of the order, the judge who issued the order may punish the contempt or compel
compliance with the order unless it is shown that the judge would not be impartial in addressing
the contempt.
(2) The charged person must be given a reasonable opportunity to obtain counsel and prepare a defense or explanation prior to the hearing. The charged person may testify and call witnesses at the hearing."
Section 5. Section 3-1-520, MCA, is amended to read:
"3-1-520. Imprisonment Penalty to compel performance. When the sanction imposed for a
contempt consists in the omission to seeks to compel the contemnor to perform an act which that
is yet in the power of the person contemnor to perform, he the contemnor may be imprisoned
incarcerated, subjected to a fine in an amount not to exceed $500, or both, until he shall have
performed it the contemnor has performed the act. In that case, the The act must be specified in
the warrant of commitment."
Section 6. Section 3-10-402, MCA, is amended to read:
"3-10-402. Proceedings -- contempt committed in presence of court. When a contempt is
committed, whether or not it is in the immediate view and presence of the justice, it may be
punished summarily. To that end, an order must be made reciting the facts as they occurred and
adjudging that the person proceeded against is thereby guilty of contempt and that he be punished
as therein prescribed the procedures contained in 3-1-501(3) and (4), 3-1-511 through 3-1-518,
and 3-1-520 through 3-1-523 apply."
Section 7. Section 3-11-303, MCA, is amended to read:
"3-11-303. Contempts a city judge may punish for -- procedure. (1) A city judge may
punish for contempt persons guilty of only the following acts and no other:
(1)(a) disorderly, contemptuous, or insolent behavior toward the judge while holding the
court tending to interrupt the due course of a trial or other judicial proceeding;
(2)(b) a breach of the peace, boisterous conduct, or violent disturbance in the presence of the
judge or in the immediate vicinity of the court held by him the judge tending to interrupt the due
course of a trial or other judicial proceeding;
(3)(c) disobedience or resistance to the execution of a lawful order or process made or issued
by the judge;
(4)(d) disobedience to a subpoena duly served or refusal to be sworn or to answer as a
witness;
(5)(e) rescuing any person or property in the custody of an officer by virtue of an order or
process of the court.
(2) The procedures contained in 3-1-501(3) and (4), 3-1-511 through 3-1-518, and 3-1-520 through 3-1-523 apply."
Section 8. Repealer. Sections 3-1-519, 3-10-403, and 3-10-404, MCA, are repealed.
- END -
Latest Version of HB 208 (HB0208.ENR)
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