CHAPTER 2. DIRECT CONTEMPT OF COURT
IC 34-47-2
Chapter 2. Direct Contempt of Court
IC 34-47-2-1
Disturbing court
Sec. 1. (a) Every person who disturbs the business and
proceedings of a court:
(1) by creating any noise or confusion;
(2) in a court of record; and
(3) while the court is open for and engaged in the transaction of
business;
is considered guilty of a direct contempt of court.
(b) This section applies to a disturbance caused:
(1) by the commission of a felony, a misdemeanor, or an other
unlawful act;
(2) by talking, moving about, or by signs, or gestures; or
(3) in any other manner.
As added by P.L.1-1998, SEC.43.
IC 34-47-2-2
Witnesses
Sec. 2. Every person who:
(1) is sworn to testify as a witness, in any trial or proceeding, in
any court of record, and refuses to testify in the trial or
proceeding;
(2) is required by any court to be sworn in any trial or
proceeding, and refuses to take an oath or affirmation; or
(3) while upon the witness stand, is purposely so demeaning as
to retard or disturb the proceedings of the court;
is considered guilty of a direct contempt of court.
As added by P.L.1-1998, SEC.43.
IC 34-47-2-3
Assaulting, influencing, or intimidating witnesses
Sec. 3. A person:
(1) who:
(A) offers, gives, or promises any reward to;
(B) threatens to assault or injure;
(C) assaults or beats; or
(D) in any other manner influences, intimidates, or attempts
to influence;
any witness to give or abstain from giving testimony in any
case, or to abstain from attending as a witness in any case;
(2) who does any act to put a witness in fear, on account of any
testimony that the witness may have given; or
(3) who, on account of any testimony, injures or threatens to
injure a witness;
is guilty of a direct contempt of the court in which the witness may
be called to testify, if the acts are done in the presence of the court.
As added by P.L.1-1998, SEC.43.
IC 34-47-2-4
Trial procedure
Sec. 4. (a) Except as provided in subsection (b), when a person is
arraigned for a direct contempt in any court of record in Indiana, no
affidavit, charge in writing, or complaint is required to be filed
against the person.
(b) The court shall distinctly state the act, words, signs, gestures,
or other conduct of the defendant that is alleged to constitute the
contempt. The statement shall be reduced to writing either by:
(1) the judge making the statement; or
(2) by a reporter authorized by the judge to take down the
statement when the statement is made.
(c) A statement described in subsection (b), shall be substantially
set forth in the order of the court on the contempt, together with any
statement made in explanation, extenuation, or denial of the
contempt, which the defendant may make in response to the judge's
statement.
(d) The court shall pronounce judgment upon the statements set
forth under subsections (b) and (c), either:
(1) acquitting and discharging the defendant; or
(2) inflicting such punishment upon the defendant as may be
consistent with this chapter.
As added by P.L.1-1998, SEC.43.
IC 34-47-2-5
Appeal
Sec. 5. (a) If the defendant is found guilty of direct contempt
under section 4 of this chapter (or IC 34-4-7-7 before its repeal), the
defendant has the right to appeal the judgment of the court.
(b) In all cases where the defendant may be adjudged to pay a fine
of at least fifty dollars ($50), or to be imprisoned for contempt, the
defendant has the right, either before or after the payment of the fine,
or undergoing the imprisonment, to move the court to reconsider its
opinion and judgment of the case upon:
(1) the facts before the court; or
(2) the affidavits of any or all persons who were actually
present and heard or saw the conduct that was alleged to have
constituted the contempt.
(c) If the defendant files a motion under subsection (b) and fails
to present the affidavit of every person present in support of the
motion, the court may direct the affidavits of all persons:
(1) who were present; and
(2) whose affidavits the defendant may have failed to procure;
to be procured.
(d) The defendant may move the court for:
(1) a new trial; and
(2) recision of the court's judgment against the defendant;
upon all affidavits and the original statements of the court, and the
defendant, concerning the contempt.
(e) If the court overrules a motion filed by the defendant under
subsection (d), the defendant may appeal as in other criminal actions.
(f) In all cases described in this section, an appeal may be made
to the court of appeals.
As added by P.L.1-1998, SEC.43.