Title 15, Chapter 1, Section 4
( 15-1-4)
(a) The powers of the several courts to issue attachments and
inflict summary punishment for contempt of court shall extend only
to cases of: (1) Misbehavior of any person or persons in the presence of such
courts or so near thereto as to obstruct the administration of
justice; (2) Misbehavior of any of the officers of the courts in their
official transactions; (3) Disobedience or resistance by any officer of the courts,
party, juror, witness, or other person or persons to any lawful
writ, process, order, rule, decree, or command of the courts; (4) Violation of subsection (a) of Code Section 34-1-3, relating to prohibited conduct of employers with respect to employees who are required to attend judicial proceedings; and (5) Violation of a court order relating to the televising,
videotaping, or motion picture filming of judicial proceedings. (b) No person shall be imprisoned for contempt for failing or
refusing to pay over money under any order, decree, or judgment of
any court of law or any other court of this state when he denies
that the money ordered or decreed to be paid over is in his power,
custody, or control until he has a trial by jury in accordance with
the following provisions: (1) The allegation of the plaintiff, receiver, referee, or any
other person or persons that the defendant accused of contempt has
a certain sum of money within his power, custody, or control,
which he is withholding or refuses or fails to pay over, and the
denial of the defendant that he has the power, custody, or control
of the money shall form the issue to be tried by the jury, and the
jury shall decide the issue of fact; (2) The issue being made, a bond may be required in the discretion
of the court for the appearance of the defendant for trial, which
bond shall be of sufficient size to ensure the attendance of the
defendant to appear and answer the final judgment or decree in the
case and shall be approved by the judge. On failure of the
defendant to appear, the bond shall be forfeited as in criminal
cases. If bond is required but not posted the defendant may be
committed to jail for safekeeping until trial; and (3) The judge presiding shall cause questions to be propounded in
writing to the jury and every question propounded shall be
answered by the jury in its verdict. Upon the answers made, the
judge shall adjudge or decree whether the defendant is in
contempt. Either party shall have the right to move for a new
trial and to appeal as in other civil cases. (c) When a person who is gainfully employed violates an order of the
court granting temporary or permanent alimony or child support and
the judge finds the person in contempt of court, the sentencing
judge may sentence the respondent to a term of confinement in a
diversion center and participation in a diversion program if such a
program has been established by a county pursuant to the provisions
of Article 8 of Chapter 8 of Title 42. |