Submitted by InflationOk300 t3_ycp732 in news
ableseacat14 t1_itnmwdu wrote
Do people get a trial for a contempt of court charge?
MitsyEyedMourning t1_itnpbd7 wrote
All in one package because only a judge can make that call so you have been in fact sentenced by a judge.
MrDangerMan t1_itnsncz wrote
Which makes sense in that it would be impossible to maintain the court system if anyone at court got a separate trial to weigh every little infraction occurring during proceedings. So the judge gets to rule on courtroom infractions. But it requires integrity on the part of the judge. That’s why we gotta bust their asses when they abuse their power.
[deleted] t1_itojp9o wrote
[removed]
anvindr t1_itnz3gf wrote
yes it is possible and it is required to be done by a different judge but typically it’s only available for criminal contempt—more than 24 hrs.
https://www.law.cornell.edu/rules/frcrmp/rule_42
see here for the federal court rules about it (see a3 in particular for the language that disqualifies the “disrespected judge” from being the trial judge for the contempt charge)
rules will vary state to state
I am not a lawyer and this is not legal advice. If you think you need legal advice seek out a competent licensed attorney in your jurisdiction
JBupp t1_itnnwcs wrote
I do not think so.
mrgreyeyes t1_itno4j8 wrote
Prolly was trigger happy at the start of a normal trial.
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