23A-38-1      (Rule 42(a)) Summary punishment of contempt in presence of court--Contents and signature of order--Maximum punishment.
23A-38-2      (Rule 42(b)) Notice and hearing on criminal contempt out of presence of court--Disqualification of judge--Jury trial--Punishment as misdemeanor.
23A-38-3      Order to witness before grand jury to show cause against contempt.
23A-38-4      Notice of hearing on contempt by grand jury witness.
23A-38-5      Order holding grand jury witness in contempt.
23A-38-6      Counsel for indigent defendants in contempt cases.
23A-38-7      Bail pending appeal from order of confinement--Expeditious disposition of appeal.
23A-38-8      Place of confinement of person held in contempt.
23A-38-9      Subsequent punishment for contempt permitted on subsequent refusal to provide information.
23A-38-10      Service of prisoner's sentence tolled for refusal to testify in certain proceedings--Prisoner defined.

23A-38-1. (Rule 42(a)) Summary punishment of contempt in presence of court--Contents and signature of order--Maximum punishment.

Criminal contempt may be punished summarily if a judge or magistrate judge certifies that he saw or heard the conduct constituting the contempt and that it was committed in the actual presence of the court. An order of contempt shall recite the facts and shall be signed by the judge or magistrate judge and entered of record. Contempt prosecuted under this section shall be punishable by imprisonment of not more than thirty days in the county jail or a fine not exceeding one hundred dollars, or both.

Source: SL 1978, ch 178, § 472; SL 1979, ch 159, § 27.

23A-38-2. (Rule 42(b)) Notice and hearing on criminal contempt out of presence of court--Disqualification of judge--Jury trial--Punishment as misdemeanor.

Criminal contempt, except as provided in § 23A-38-1, shall be prosecuted after notice is given to the defendant. The notice shall state the time and place of hearing, allowing a reasonable time for the preparation of the defense, and shall state the essential facts constituting the criminal contempt charged and describe it as such. The notice may be given orally by a judge in open court in the presence of the defendant or, on application of a prosecuting attorney or of an attorney appointed by the court for that purpose, by an order to show cause or an order of arrest. If the contempt charged involves disrespect to or criticism of a judge, that judge is disqualified from presiding at the trial or hearing on the contempt charge except with the defendant's consent. The defendant has a right to a jury trial. Upon a verdict or finding of guilt the court shall enter an order fixing the punishment. Contempt prosecuted under this section shall be punished as a Class 1 misdemeanor.

Source: SL 1978, ch 178, § 473; SL 1979, ch 159, § 28.

23A-38-3. Order to witness before grand jury to show cause against contempt.

Whenever a witness in any proceeding before a grand jury of this state refuses without just cause to comply with an order to testify or provide other information, the prosecuting attorney may apply to the court for an order directing the witness to show cause why the witness should not be held in contempt.

Source: SL 1978, ch 178, § 476.

23A-38-4. Notice of hearing on contempt by grand jury witness.

No hearing under § 23A-38-3 shall be held unless seventy-two hours' notice is given to the witness who has refused to comply with the court order, except that a witness may be given a shorter notice if the court, upon a showing of special need, so orders.

Source: SL 1978, ch 178, § 477.

23A-38-5. Order holding grand jury witness in contempt.

After submission of an application pursuant to § 23A-38-3, and a hearing, at which the witness is entitled to be represented by counsel, the court may, upon a finding that such refusal was without just cause, hold the witness in contempt as provided in § 23A-38-2.

Source: SL 1978, ch 178, § 478.

23A-38-6. Counsel for indigent defendants in contempt cases.

In any proceeding conducted under § 23A-38-1, 23A-38-2, or 23A-38-5, including all necessary appeals, counsel shall be appointed as provided in chapter 23A-40.

Source: SL 1978, ch 178, § 480.

23A-38-7. Bail pending appeal from order of confinement--Expeditious disposition of appeal.

Any person confined pursuant to § 23A-38-1 or 23A-38-2 shall be admitted to bail or released in accordance with chapter 23A-43, pending the determination of an appeal taken by him from the order of his confinement unless it affirmatively appears that the appeal is frivolous or taken for delay. Any appeal from an order of confinement under this section shall be disposed of as soon as practicable, and in no event more than thirty days from the filing of such appeal.

Source: SL 1978, ch 178, § 475.

23A-38-8. Place of confinement of person held in contempt.

Any confinement shall be at a suitable correctional facility within the circuit in which the sentencing court is located. Upon a showing of need or hardship the court ordering confinement may grant a request by the witness to be imprisoned at a suitable correctional facility near the place of residence or employment of the witness, or the witness' family or relatives or the attorney of the witness.

Source: SL 1978, ch 178, § 474.

23A-38-9. Subsequent punishment for contempt permitted on subsequent refusal to provide information.

A person fined or imprisoned under § 23A-38-2 or 23A-38-5 for refusal to testify or provide other information concerning any transaction, set of transactions, event, or events in a proceeding before a court or grand jury of this state, may be again fined, imprisoned, or both, under § 23A-38-2 or 23A-38-5 for a subsequent refusal to testify or provide other information concerning the same transaction, set of transactions, event, or events.

Source: SL 1978, ch 178, § 479.

23A-38-10. Service of prisoner's sentence tolled for refusal to testify in certain proceedings--Prisoner defined.

If a prisoner is confined for contempt pursuant to § 23A-38-1, 23A-38-2, or 23A-38-5 for refusal, without just cause, to comply with an order to testify or provide other information in a proceeding before a court or grand jury, the period during which the prisoner remains in contempt may not be deemed service of the prisoner's sentence. The term "prisoner" as used in this section includes any person incarcerated for the purpose of serving a sentence after conviction of a criminal offense.

Source: SL 1988, ch 195.