Classes of contempts defined

20-1202. Classes of contempts defined. That contempts committed during the sitting of the court or of a judge at chambers, in its or his presence, are direct contempts. All others are indirect contempts. History: L. 1897, ch. 106, § 2; May 8; R.S. 1923, 20-1202. Law Review and Bar Journal References: Constitutionality of legislation providing jury trial, Belin, Brainerd, Redmond, Rounds, Stephans and Terrill, 6 J.B.A.K. 270, 271 (1938). "Effect of Change in Age of Majority Upon Parents' Duty of Support," Grant M. Glenn, 23 K.L.R. 181, 182 (1974). "Little Used Procedures for Collecting Child Support and Maintenance," Charles F. Harris, Vol. VIII, No. 5, J.K.T.L.A. 9 (1985). Attorney General's Opinions: Municipal court judge can order attorney to represent indigent defendant where incarceration is likely; may punish for direct contempt but not indirect contempt. 2002-37. CASE ANNOTATIONS 1. Contempt proceeding for violation of liquor nuisance injunction is criminal proceeding. State, ex rel., v. Miller, 147 Kan.242, 244, 75 P.2d 239. 2. Evidence supported finding of indirect contempt for violating injunction. State v. Martin, 155 Kan. 801, 130 P.2d 601. 3. Discourteous telephone conversation with court official held not to constitute contempt. In re Gambrell, 160 Kan. 620, 622, 164 P.2d 122. Rehearing denied: 161 Kan. 4, 165 P.2d 760. 4. Mentioned; persons cited for direct contempt may be summarily punished. In re Ferris, 175 Kan. 704, 714, 267 P.2d 190. Reversed: Courtney v. Schroeder, 348 U.S. 933, 75 S. Ct. 355, 99 L. Ed. 732. 5. Mentioned; contempt proceedings held criminal not civil; no appeal. Hendrix v. Consolidated Van Lines, Inc., 176 Kan. 101, 109, 269 P.2d 435. 6. Formal accusation essential and prerequisite to finding of indirect contempt. Weber v. Sutorius Bread Company, 185 Kan. 178, 180, 341 P.2d 965. 7. Cited in affirming direct contempt conviction. State v. Pondexter, 225 Kan. 425, 429, 590 P.2d 1074. 8. Cited; contempt of court for disposing of subject matter of lawsuit while litigation pending examined. Edmiston v. First Nat'l Bank of Holcomb, 242 Kan. 13, 15, 18, 744 P.2d 829 (1987). 9. Cited; whether court's failure to specify conduct constituting contempt renders conviction void examined. State v. Flannagan, 19 Kan. App. 2d 528, 532, 873 P.2d 195 (1994). 10. Whether attorney's contemptuous action was excusable because compliance with discovery order would violate defendant's constitutional rights examined. State v. Williams, 20 Kan. App. 2d 185, 187, 884 P.2d 755 (1994). 11. Denial of jury trial for contempt where one-year sentence imposed constitutes reversible error. State v. Shannon, 258 Kan. 425, 435, 905 P.2d 649 (1995). 12. Actions of attorney who was tardy and absent from scheduled hearings constituted direct contempt. State v. Jenkins, 263 Kan. 351, 356, 950 P.2d 1338 (1997). 13. Conduct of prospective juror does not merit punishment as direct contempt. State v. Williams, 28 Kan. App. 2d 97, 11 P.3d 1187 (2000). 14. Juvenile found to be in indirect contempt of court's order to attend school or perform community service. In re M.R., 272 Kan. 1335, 38 P.3d 614 (2002). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026