contempt of court

Contempt in Law: The Meaning of 'In Contempt,' 'Contempt of Court/Congress,' 'Civil/Criminal Contempt,' and 'Inherent Contempt'

Contempt is a term with both general and legal applications. In general contexts, it often refers to a feeling of extreme disrespect or disapproval for someone or something (as in "those responsible for the swindle were widely regarded with contempt"), or with a lack of respect for something typically granted respect (as in "a driver who was acting with contempt for their passengers' safety"). In legal contexts, the idea of respect is formalized.

In law, the word contempt most simply refers to speech or behavior that does not show proper respect to a judge, court, or legislative body. One who is officially regarded as having engaged in such speech or behavior is (commonly, "found" or "held") "in contempt." Legal contempt may take the form of willful disobedience, as when someone refuses to respond to questions or to obey the court's or body's orders; or it may take the form of open disrespect, as when someone uses disruptive language. This general legal contempt is also called "contempt of court" when it is against a judge or court. When such contempt is against a legislative body, a phrase specifying the title of the legislative body is used, e.g., "contempt of congress," "contempt of parliament," "contempt of assembly," etc.

The term civil contempt is applied when someone's willful disobedience to the judge, court, or legislative body consists of a refusal to do something that favors the opposing party. For example, if a court orders a company to pay damages to an individual, and the company does not pay those damages, the company can be held in civil contempt. The company will cease to be in civil contempt when it pays the damages, thereby complying with the order. The aim of holding someone in civil contempt is compliance.

Criminal contempt refers to contempt that consists of behavior that disrupts or challenges the proceedings or power of the court or legislative body. Someone yelling or behaving disruptively in a court would constitute criminal contempt, as would someone refusing to answer a judge's or legislator's questions. The sanctions for criminal contempt, such as fines or imprisonment, are designed to function as punishment as well as to force compliance.

Unlike the terms contempt of court/congress, civil contempt, and criminal contempt, inherent contempt refers not to speech or behavior that warrants sanction, but to a power of a legislative body. Specifically, inherent contempt is the power of a legislative body to arrest, try, and imprison someone for contempt. The contempt that inherent contempt answers is criminal contempt: a person who willfully disobeys and openly disrespects the orders of a legislative body acting in a judicial capacity, and is therefore acting in criminal contempt, can be subject to inherent contempt, which means being arrested by a sergeant at arms and imprisoned.

The inherent piece of inherent contempt is tied to a meaning of the word that is no longer in common use. While inherent today most often describes what belongs to the basic nature of someone or something, the historical Oxford English Dictionary reports that the word was formerly also used to mean "vested in or attached to a person, office, etc., as a right or privilege." Inherent contempt is vested in a legislative body as a right.