§61-5-26. Contempt of court; what constitutes contempt; jury
trial; presence of defendant.
The courts and the judges thereof may issue attachment for
contempt and punish them summarily only in the following cases:
(a) Misbehavior in the presence of the court, or so near thereto as
to obstruct or interrupt the administration of justice; (b)
violence or threats of violence to a judge or officer of the court,
or to a juror, witness, or party going to, attending or returning
from the court, for or in respect of any act or proceeding had, or
to be had, in such court; (c) misbehavior of an officer of the
court, in his official character; (d) disobedience to or resistance
of any officer of the court, juror, witness, or other person, to
any lawful process, judgment, decree or order of the said court.
No court shall, without a jury, for any such contempt as is
mentioned in subdivision (a) of this section, impose a fine
exceeding fifty dollars, or imprison more than ten days. But in
any such case the court may impanel a jury (without an indictment
or any formal pleading) to ascertain the fine or imprisonment
proper to be inflicted, and may give judgment according to the
verdict. No court shall impose a fine for contempt, unless the
defendant be present in court, or shall have been served with a
rule of the court to show cause, on some certain day, and shall
have failed to appear and show cause.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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