TITLE 7

SPECIAL PROCEEDINGS

CHAPTER 6

CONTEMPTS

7-601.  Contempts defined. The following acts or omissions in respect to a court of justice, or proceedings therein, are contempts of the authority of the court:

1.  Disorderly, contemptuous or insolent behavior toward the judge while holding the court, tending to interrupt the due course of a trial or other judicial proceedings.

2.  A breach of the peace, boisterous conduct, or violent disturbance tending to interrupt the due course of a trial or other judicial proceedings.

3.  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.

4.  Deceit or abuse of the process or proceedings of the court by a party to an action or special proceeding.

5.  Disobedience of any lawful judgment, order or process of the court.

6.  Assuming to be an officer, attorney, counsel of a court, and acting as such without authority.

7.  Rescuing any person or property in the custody of an officer by virtue of an order or process of such court.

8.  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.

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 answer as a witness.

11. When summoned as a juror in a court, neglecting to attend or serve as such, or improperly conversing with a party to an action to be tried at such court, or with any other person in relation to the merits of such action, or receiving a communication from a party or other person in respect to it, without immediately disclosing the same to the court.

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 to law, after such action or special proceeding is removed from the jurisdiction of such inferior tribunal, magistrate or officer. Disobedience of the lawful orders or process of a judicial officer is also a contempt of the authority of such officer.

13. Failure to provide notice required under chapter 16, title 7, Idaho Code.

History:

[(7-601) C.C.P. 1881, sec. 830; R.S., R.C., & C.L., sec. 5155; C.S., sec. 7383; I.C.A., sec. 13-601; am. 2023, ch. 228, sec. 2, p. 705.]