Legislation
SECTION 750
Power of courts to punish for criminal contempts
Judiciary (JUD) CHAPTER 30, ARTICLE 19
§ 750. Power of courts to punish for criminal contempts.
A. A court of record has power to punish for a criminal contempt, a
person guilty of any of the following acts, and no others:
1. Disorderly, contemptuous, or insolent behavior, committed during
its sitting, in its immediate view and presence, and directly tending to
interrupt its proceedings, or to impair the respect due to its
authority.
2. Breach of the peace, noise, or other disturbance, directly tending
to interrupt its proceedings.
3. Wilful disobedience to its lawful mandate.
4. Resistance wilfully offered to its lawful mandate.
5. Contumacious and unlawful refusal to be sworn as a witness; or,
after being sworn, to answer any legal and proper interrogatory.
6. Publication of a false, or grossly inaccurate report of its
proceedings. But a court can not punish as a contempt, the publication
of a true, full, and fair report of a trial, argument, decision, or
other proceeding therein.
7. Wilful failure to obey any mandate, process or notice issued
pursuant to articles sixteen, seventeen, eighteen, eighteen-a or
eighteen-b of the judiciary law, or to rules adopted pursuant thereto,
or to any other statute relating thereto, or refusal to be sworn as
provided therein, or subjection of an employee to discharge or penalty
on account of his absence from employment by reason of jury or
subpoenaed witness service in violation of this chapter or section
215.11 of the penal law. Applications to punish the accused for a
contempt specified in this subdivision may be made by notice of motion
or by order to show cause, and shall be made returnable at the term of
the supreme court at which contested motions are heard, or of the county
court if the supreme court is not in session.
B. In addition to the power to punish for a criminal contempt as set
forth in subdivision A, the supreme court has power under this section
to punish for a criminal contempt any person who unlawfully practices or
assumes to practice law; and a proceeding under this subdivision may be
instituted on the court's own motion or on the motion of any officer
charged with the duty of investigating or prosecuting unlawful practice
of law, or by any bar association incorporated under the laws of this
state.
C. A court not of record has only such power to punish for a criminal
contempt as is specifically granted to it by statute and no other.
A. A court of record has power to punish for a criminal contempt, a
person guilty of any of the following acts, and no others:
1. Disorderly, contemptuous, or insolent behavior, committed during
its sitting, in its immediate view and presence, and directly tending to
interrupt its proceedings, or to impair the respect due to its
authority.
2. Breach of the peace, noise, or other disturbance, directly tending
to interrupt its proceedings.
3. Wilful disobedience to its lawful mandate.
4. Resistance wilfully offered to its lawful mandate.
5. Contumacious and unlawful refusal to be sworn as a witness; or,
after being sworn, to answer any legal and proper interrogatory.
6. Publication of a false, or grossly inaccurate report of its
proceedings. But a court can not punish as a contempt, the publication
of a true, full, and fair report of a trial, argument, decision, or
other proceeding therein.
7. Wilful failure to obey any mandate, process or notice issued
pursuant to articles sixteen, seventeen, eighteen, eighteen-a or
eighteen-b of the judiciary law, or to rules adopted pursuant thereto,
or to any other statute relating thereto, or refusal to be sworn as
provided therein, or subjection of an employee to discharge or penalty
on account of his absence from employment by reason of jury or
subpoenaed witness service in violation of this chapter or section
215.11 of the penal law. Applications to punish the accused for a
contempt specified in this subdivision may be made by notice of motion
or by order to show cause, and shall be made returnable at the term of
the supreme court at which contested motions are heard, or of the county
court if the supreme court is not in session.
B. In addition to the power to punish for a criminal contempt as set
forth in subdivision A, the supreme court has power under this section
to punish for a criminal contempt any person who unlawfully practices or
assumes to practice law; and a proceeding under this subdivision may be
instituted on the court's own motion or on the motion of any officer
charged with the duty of investigating or prosecuting unlawful practice
of law, or by any bar association incorporated under the laws of this
state.
C. A court not of record has only such power to punish for a criminal
contempt as is specifically granted to it by statute and no other.