§ 28-331. Direct contempt of court.

(a)

It shall be unlawful for any person to be in contempt of court of the mayor's court. The term "contempt of court" means an act or omission tending to obstruct or interfere with the orderly administration of justice, or to impair the dignity of the court or respect for its authority.

(b)

The term "direct contempt of court" means one committed in the immediate view and presence of the court and of which it has personal knowledge. A direct contempt of court includes, but is not limited to, any of the following acts:

(1)

Contumacious failure, after notice, to appear for arraignment or trial on the day fixed therefor.

(2)

Contumacious failure to comply with a subpoena or summons to appear in court, proof of service of which appears of record.

(3)

Refusal to take the oath or affirmation as a witness, or refusal of a witness to answer a nonincriminating question when ordered to do so by the court.

(4)

Contumacious, insolent, or disorderly behavior toward the judge or an attorney or other officer of the court, tending to interrupt or interfere with the business of the court or to impair its dignity or respect for its authority.

(5)

Breach of the peace, boisterous conduct, or violent disturbance tending to interrupt or interfere with the business of the court or to impair its dignity or respect for its authority.

(6)

Use of insulting, abusive, or discourteous language by an attorney or other person in open court, or in a document filed with the court in irrelevant criticism of another attorney or of a judge or officer of the court.

(7)

Violation of a rule of the court adopted to maintain order and decorum in the court room.

(c)

A person who has committed a direct contempt of court may be found guilty and punished therefor by the court without any trial, after affording him an opportunity to be heard orally by way of defense or mitigation. The court shall render an order reciting the facts constituting the contempt, adjudging the person guilty thereof, and specifying the punishment imposed.

(Code 2004, § 14.134; Ord. No. 9, 1-5-1960)