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direct vs. constructive contempt |
CONTEMPT
The Texas Supreme Court has broadly defined contempt as “disobedience to or
disrespect of a court by acting in opposition to its authority,” Ex parte Chambers, 898
S.W.2d 257, 259 (Tex. 1995) (orig. proceeding), and observed that contempt is a broad
and inherent power of a court, see Ex parte Browne, 543 S.W.2d 82, 86 (Tex. 1976)
(orig. proceeding).
CONSTRUCTIVE VS. DIRECT CONTEMPT OF COURT
Contemptuous conduct is direct contempt of court if it occurs within the presence
of the court and constructive contempt if it occurs outside the court’s presence. Ex parte
Gordon, 584 S.W.2d 686, 688 (Tex. 1979) (orig. proceeding). To constitute direct
contempt of court, “the court must have direct knowledge of the facts which constitute
contempt.” In re Bell, 894 S.W.2d 119, 127 (Tex. Spec. Ct. Rev. 1995). Because the
contemptuous actions have occurred in the presence of the court and the judge has
personal knowledge of the events, direct contempt may be punished in a summary
proceeding without additional notice to the contemnor or a hearing. Ex parte Daniels,
722 S.W.2d 707, 709 (Tex.Crim.App. 1987). But due process entitles a constructive
contemnor to notice and a hearing, to give the opportunity for defense or explanation of
the charges. See Ex parte Gordon, 584 S.W.2d at 688; Ex parte Werblud, 536 S.W.2d
542, 546 (Tex. 1976) (observing that constructive contempt entitles the contemnor to
more procedural safeguards than those afforded direct contemnors); see also Ex parte
Krupps, 712 S.W.2d 144, 147 (Tex.Crim.App. 1986) (explaining that constructive
contempt adjudications satisfy due process if the contemnor is given notice, a hearing,
and the opportunity to obtain an attorney). Due process requires that full and
unambiguous notice of an accusation of contempt be served on the alleged contemnor
in a motion for contempt, show cause order, or equivalent legal process stating how,
when, and by what means the party has been guilty of the alleged contempt. Ex parte
Chambers, 898 S.W.2d at 262. Absent such notification, a contempt order for
constructive contempt is a nullity. Ex parte Blanchard, 736 S.W.2d 642, 643 (Tex.
1987).
The violation of a court order generally is described as constructive, not direct,
contempt. See, e.g., Ex parte Chambers, 898 S.W.2d at 259 (contempt alleged,
violation of written court order outside presence of court, was constructive contempt);
Ex parte Gordon, 584 S.W.2d at 688 (giving as example of constructive contempt “the
failure or refusal to comply with a valid court order”).
Also see:
Texas Causes of Action and Defenses | 2011 Texas Supreme Court Opinions | 2011 Tex Sup Ct Per Curiams | Texas Caselaw
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