§1995 Criminal Contempt Proceedings; Penalties; Trial by Jury

Summary

Criminal contempt cases under this law must be punished by a fine, jail time, or both. If the accused is an individual (not a company), the fine cannot be more than $1,000 and jail cannot be more than six months. A judge may hold the trial with or without a jury. If the judge tries the case without a jury and then gives a fine over $300 or jail over forty-five days, the accused can ask for a new trial by a jury. That jury trial must follow the usual criminal trial rules. This rule does not cover contempt that happens while the court is in session or so close that it directly interferes with the court’s work. It also does not cover misconduct by court officers about court orders or process. Nothing here stops a court from using civil contempt (without a jury) to force people to obey court orders or to prevent interference, including holding someone in custody to secure compliance rather than to punish.