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Home » US Law » 2022 Louisiana Laws » Code of Criminal Procedure » CHAPTER 3. INHERENT POWERS OF COURTS; CONTEMPT

Art. 16. Jurisdiction and powers of courts

CHAPTER 3. INHERENT POWERS OF COURTS; CONTEMPT Art. 16. Jurisdiction and powers of courts Courts have the jurisdiction and powers over criminal proceedings that are conferred upon them by the constitution and statutes of this state, except as their statutory jurisdiction and powers are restricted, enlarged, or modified by the provisions of this Code.

Art. 17. Inherent power and authority of courts

Art. 17. Inherent power and authority of courts A court possesses inherently all powers necessary for the exercise of its jurisdiction and the enforcement of its lawful orders, including authority to issue such writs and orders as may be necessary or proper in aid of its jurisdiction. It has the duty to require that criminal […]

Art. 18. Adoption of local rules of court

Art. 18. Adoption of local rules of court A court may adopt rules for the conduct of criminal proceedings before it, not in conflict with provisions of this Code or of other laws. When a court has more than one judge, its rules shall be adopted or amended by a majority of the judges thereof, […]

Art. 19. Special sessions of court

Art. 19. Special sessions of court A court may call a special criminal session at any time, including vacation, and any criminal proceeding or prosecution may be tried or heard during the special session.

Art. 20. Contempt of court; kinds of contempt

Art. 20. Contempt of court; kinds of contempt A contempt of court is 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. Contempts of court are of two kinds, direct and constructive.

Art. 21. Direct contempt

Art. 21. Direct contempt A direct contempt of court is one committed in the immediate view and presence of the court and of which it has personal knowledge; or, a contumacious failure to comply with a subpoena, summons or order to appear in court, proof of service of which appears of record; or, a contumacious […]

Art. 22. Procedure for punishing direct contempt

Art. 22. Procedure for punishing direct contempt 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 […]

Art. 22.1. Direct contempt; fingerprinting and photographing; exceptions

Art. 22.1. Direct contempt; fingerprinting and photographing; exceptions No person arrested or found guilty for the first offense of direct contempt of court either for failure to attend court as a member of a jury venire when proof of service of the summons appears on the record or for failure to comply with a subpoena […]

Art. 23. Constructive contempt

Art. 23. Constructive contempt A constructive contempt of court is any contempt other than a direct one. A constructive contempt includes, but is not limited to any of the following acts: (1) Willful neglect or violation of duty by a clerk, sheriff, or other person elected, appointed, or employed to assist the court in the […]

Art. 24. Procedure for punishing constructive contempt

Art. 24. Procedure for punishing constructive contempt A. When a person is charged with committing a constructive contempt, he shall be tried by the judge on a rule to show cause alleging the facts constituting the contempt. The rule may be issued by the court on its own motion or on motion of the district […]

Art. 25. Penalties for contempt

Art. 25. Penalties for contempt A. A person may not be adjudged guilty of a contempt of court except for misconduct defined as such, or made punishable as such, expressly by law. B. Except as otherwise provided in this Article, a court may punish a person adjudged guilty of contempt of court in connection with […]

Art. 25.1. Appointment of interpreter for non-English-speaking persons

Art. 25.1. Appointment of interpreter for non-English-speaking persons A. If a non-English-speaking person who is a principal party in interest or a witness in a proceeding before the court has requested an interpreter, a judge shall appoint, after consultation with the non-English-speaking person or his attorney, a competent interpreter to interpret or to translate the […]