Contempt of Court

A Justice of the Peace has the authority to maintain order and dignity in the court. When a person disrupts proceedings or defies court orders, the JP may punish them for contempt. However, the contempt power of a Justice of the Peace is more limited than that of a District Court judge.

CCP 4914

View Contempt of Court Proceedings (Direct Only) +

Direct Contempt Only

Justice of the Peace Courts generally have jurisdiction only over Direct Contempt. This is defined as:

1. In the View of the Court: Behavior committed in the immediate view and presence of the court that obstructs or interferes with the orderly administration of justice.

• Examples: Shouting at the judge, using profanity in court, refusing to answer questions when ordered, or physically disrupting the proceedings.

2. Failure to Comply with Summons/Subpoena: Failure of a person duly summoned as a witness or party to appear.

Note: JPs typically do not have jurisdiction over Constructive Contempt (willful disobedience of a court order outside the court’s presence, such as failing to pay a judgment), except where specifically authorized by law.

CCP 222

Penalties

The penalties for contempt in a Justice of the Peace Court are strictly limited by statute.

• Fine: Not more than $50.00
• Imprisonment: Not more than 24 hours in the parish jail
• Both: The court may impose both the fine and the imprisonment.

These limits are significantly lower than those for District Courts.

Procedure for Adjudication

The procedure depends on the type of direct contempt.

Disruptive Behavior (In View of Court)

When a person commits contempt in the courtroom:

1. Opportunity to be Heard: The JP must give the offender an opportunity to speak in their defense.
2. Immediate Judgment: The court may adjudge the person guilty and impose sentence immediately.
3. Order of Court: The judgment is entered into the record.

Failure to Appear (Summons/Subpoena)

When a person fails to appear after being summoned:

1. Verify Service: The JP must verify that the person was properly served. A person cannot be held in contempt for failing to appear if there is no proof they received the summons.
2. Bench Warrant: The court may issue a bench warrant directing the constable to bring the person before the court.
3. Hearing: Once brought to court, the person must be given a hearing to explain their failure to appear.
4. Sentencing: If the court finds the failure was willful and without good cause, it may impose the fine or jail time.

CCP 223CCP 4914