“Court” defined
Any officer authorized to punish for contempt is a court within the meaning of this chapter.
Iowa · statute · Iowa Code ch. 665 · 12 active provisions
Any officer authorized to punish for contempt is a court within the meaning of this chapter.
The following acts or omissions are contempts, and are punishable as such by any of the courts of this state, or by any judicial officer, including judicial magistrates, acting in the discharge of an official duty, as hereinafter provided: 1. Contemptuous or insolent behavior toward such court while engaged in the disc…
In addition to the acts or omissions in section 665.2, any court of record may punish the following acts or omissions as contempts: 1. Failure to testify before a grand jury, when lawfully required to do so. 2. Assuming to be an officer, attorney, or counselor of the court, and acting as such without authority. 3. Misb…
The punishment for contempt, where not otherwise specifically provided, shall be: 1. In the supreme court or the court of appeals, by a fine not exceeding one thousand dollars or by imprisonment in a county jail not exceeding six months, or by both such fine and imprisonment. 2. Before district judges, district associa…
If the contempt consists in an omission to perform an act which is yet in the power of the person to perform, the person may be imprisoned until the person performs it. In that case the act to be performed must be specified in the warrant of the commitment.
Unless the contempt is committed in the immediate view and presence of the court, or comes officially to its knowledge, an affidavit showing the nature of the transaction is necessary as a basis for further action in the premises.
Before punishing for contempt, unless the offender is already in the presence of the court, the offender must be served personally with an order to show cause against the punishment, and a reasonable time given the offender therefor; or the offender may be brought before the court forthwith, or on a given day, by warra…
Where the action of the court is founded upon evidence given by others, such evidence must be in writing, and be filed and preserved.
If the court or judge acts upon personal knowledge in the premises, a statement of the facts upon which the order is founded must be entered on the records of the court, or be filed and preserved when the court keeps no record, and shall be a part of the record.
When the offender is committed, the warrant must state the particular facts and circumstances on which the court acted in the premises, and whether the same was in the knowledge of the court or was proved by witnesses.
No appeal lies from an order to punish for a contempt, but the proceedings may, in proper cases, be taken to a higher court for revision by certiorari.
The punishment for a contempt constitutes no bar to an indictment, but if the offender is indicted and convicted for the same offense, the court, in passing sentence, must take into consideration the punishment before inflicted.