23A-38-1.(Rule 42(a)) Summary punishment of contempt in presence of court–Contents and signature of order–Maximum punishment. Criminal contempt may be punished summarily if a judge or magistrate judge certifies that he saw or heard the conduct constituting the contempt and that it was committed in the actual presence of the court. An order of contempt shall […]
23A-38-10. Service of prisoner’s sentence tolled for refusal to testify in certain proceedings–Prisoner defined. If a prisoner is confined for contempt pursuant to §23A-38-1, 23A-38-2, or 23A-38-5 for refusal, without just cause, to comply with an order to testify or provide other information in a proceeding before a court or grand jury, the period during […]
23A-38-2.(Rule 42(b)) Notice and hearing on criminal contempt out of presence of court–Disqualification of judge–Jury trial–Punishment as misdemeanor. Criminal contempt, except as provided in §23A-38-1, shall be prosecuted after notice is given to the defendant. The notice shall state the time and place of hearing, allowing a reasonable time for the preparation of the defense, […]
23A-38-3. Order to witness before grand jury to show cause against contempt. Whenever a witness in any proceeding before a grand jury of this state refuses without just cause to comply with an order to testify or provide other information, the prosecuting attorney may apply to the court for an order directing the witness to […]
23A-38-4. Notice of hearing on contempt by grand jury witness. No hearing under §23A-38-3 shall be held unless seventy-two hours’ notice is given to the witness who has refused to comply with the court order, except that a witness may be given a shorter notice if the court, upon a showing of special need, so […]
23A-38-5. Order holding grand jury witness in contempt. After submission of an application pursuant to §23A-38-3, and a hearing, at which the witness is entitled to be represented by counsel, the court may, upon a finding that such refusal was without just cause, hold the witness in contempt as provided in §23A-38-2. Source: SL 1978, […]
23A-38-6. Counsel for indigent defendants in contempt cases. In any proceeding conducted under §23A-38-1, 23A-38-2, or 23A-38-5, including all necessary appeals, counsel shall be appointed as provided in chapter 23A-40. Source: SL 1978, ch 178, §480.
23A-38-7. Bail pending appeal from order of confinement–Expeditious disposition of appeal. Any person confined pursuant to §23A-38-1 or 23A-38-2 shall be admitted to bail or released in accordance with chapter 23A-43, pending the determination of an appeal taken by him from the order of his confinement unless it affirmatively appears that the appeal is frivolous […]
23A-38-8. Place of confinement of person held in contempt. Any confinement shall be at a suitable correctional facility within the circuit in which the sentencing court is located. Upon a showing of need or hardship the court ordering confinement may grant a request by the witness to be imprisoned at a suitable correctional facility near […]
23A-38-9. Subsequent punishment for contempt permitted on subsequent refusal to provide information. A person fined or imprisoned under §23A-38-2 or 23A-38-5 for refusal to testify or provide other information concerning any transaction, set of transactions, event, or events in a proceeding before a court or grand jury of this state, may be again fined, imprisoned, […]
