78B-6-301 - Acts and omissions constituting contempt.
78B-6-301. Acts and omissions constituting contempt.
The following acts or omissions in respect to a court or its proceedings are contempts ofthe authority of the court:
(1) disorderly, contemptuous, or insolent behavior toward the judge while holding thecourt, tending to interrupt the course of a trial or other judicial proceeding;
(2) breach of the peace, boisterous conduct or violent disturbance, tending to interruptthe due course of a trial or other judicial proceeding;
(3) misbehavior in office, or other willful neglect or violation of duty by an attorney,counsel, clerk, sheriff, or other person appointed or elected to perform a judicial or ministerialservice;
(4) deceit, or abuse of the process or proceedings of the court, by a party to an action orspecial proceeding;
(5) disobedience of any lawful judgment, order or process of the court;
(6) acting as an officer, attorney or counselor, of a court without authority;
(7) rescuing any person or property that is in the custody of an officer by virtue of anorder or process of the court;
(8) unlawfully detaining a witness or party to an action while going to, remaining at, orreturning from, the court where the action is on the calendar for trial;
(9) any other unlawful interference with the process or proceedings of a court;
(10) disobedience of a subpoena duly served, or refusing to be sworn or to answer as awitness;
(11) when summoned as a juror in a court, neglecting to attend or serve, or improperlyconversing with a party to an action to be tried at the court, or with any other person, concerningthe merits of an action, or receiving a communication from a party or other person in respect to it,without immediately disclosing the communication to the court; and
(12) disobedience by an inferior tribunal, magistrate or officer of the lawful judgment,order or process of a superior court, or proceeding in an action or special proceeding contrary tolaw, after the action or special proceeding is removed from the jurisdiction of the inferiortribunal, magistrate or officer. Disobedience of the lawful orders or process of a judicial officeris also a contempt of the authority of the officer.
Renumbered and Amended by Chapter 3, 2008 General Session