Thought You Understood Contempt? Think Again

The murky law of contempt — particularly the distinction between civil and criminal contempt — got even more confusing last month with the Court of Appeals’ decision in Tyll v. Berry. The court said that civil contempt may include a fine, not just imprisonment, and can require the fine to be paid to a private party, not to the state. All this is new and different from what we have been teaching about the law of contempt. Civil vs. criminal contempt Let’s start with a refresher on the difference between criminal and civil contempt. Criminal contempt is a sanction for one of the specified acts in G.S. 5A-11, the most common being refusal to obey a court order, disrespect to the court, and failing to follow court schedules. Criminal contempt is used when the contemptuous act has already occurred, is completed, and the court wants to punish the offender. The punishment generally is limited to a $500 fine and/or jail for up to 30 days. Civil contempt, on the other hand, is intended not to punish the offender but to force the person to comply with a court order. The only act for which civil contempt may be applied is the ongoing violation of a court order and the only sanction, we thought, was for the person to be jailed until they complied. Every civil contempt order has to include a “purge” provision, that is, a clear statement as to what the person has to do to get out of jail. [...]