Direct contempts

20-1203. Direct contempts. That a direct contempt may be punished summarily, without written accusation against the person arraigned, but if the court or judge in chambers shall adjudge him guilty thereof a judgment shall be entered of record, in which shall be specified the conduct constituting such contempt, with a statement of whatever defense or extenuation the accused offered thereto, and the sentence of the court thereon. History: L. 1897, ch. 106, § 3; L. 1901, ch. 123, § 1; May 1; R.S. 1923, 20-1203. 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. Judgment should set out language claimed to be insulting. In re Moxcey, 9 Kan. App. 262, 265, 59 P. 672; In re Elliott, 9 Kan. App. 265, 59 P. 673. 2. No written accusation need be made to punish for direct contempt. The State v. Anders, 64 Kan. 742, 745, 68 P. 668. 3. Valid title; act held constitutional. The State v. Thomas, 74 Kan. 360, 367, 86 P. 499. 4. Witness may be sent to jail for giving evasive answer. The State v. Marshall, 95 Kan. 628, 630, 148 P. 675. 5. Cited in connection with suspension for contempt. In re Hanson, 134 Kan. 165, 169, 5 P.2d 1088. 6. Entry must be made in record of conduct constituting contempt. Wallace v. Weber, 134 Kan. 201, 202, 5 P.2d 855. 7. Contempt proceeding for violation of liquor nuisance injunction is criminal proceeding. State, ex rel., v. Miller, 147 Kan. 242, 244, 75 P.2d 239. 8. 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, 5, 165 P.2d 760. 9. Persons cited for contempt in open court not entitled to written accusation. In re Ferris, 175 Kan. 704, 714, 715, 267 P.2d 190. Reversed: Courtney v. Schroeder, 348 U.S. 933, 75 S. Ct. 355, 99 L. Ed. 732. 10. A 5th Amendment privilege against self-incrimination extends "at least" through sentencing; summary adjudication hereunder reversed. State v. Rucas, 12 Kan. App. 2d 68, 70, 734 P.2d 673 (1987). 11. 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). 12. Credit on original sentence for time served on contempt citation properly denied. State v. Davenport, 22 Kan. App. 2d 683, 684, 920 P.2d 475 (1996). 13. Section's punishment powers authorize district judge to impose attorney fees as a sanction in direct contempt of tardy or absent attorney. State v. Jenkins, 263 Kan. 351, 356, 950 P.2d 1338 (1997). 14. Court's finding of direct contempt voided because court failed to record defense or statement of respondent as required. State v. Williams, 28 Kan. App. 2d 97, 11 P.3d 1187 (2000). 15. Contempt order which fails to comply with K.S.A. 20-1203 is void for lack of jurisdiction. Harsch v. Miller, 288 Kan. 280, 200 P.3d 467 (2009). 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