(A) Summary punishment. The Mayor of the Mayor’s Court may summarily punish a person guilty of misbehavior in the presence of or so near the court or judge as to obstruct the administration of justice.
(B) Acts in contempt. A person guilty of any of the following acts may be punished for contempt of court:
(1) Disobedience of, or resistance to, a lawful writ, process, order, rule, judgment or command of the Mayor’s Court or an officer thereof;
(2) Misbehavior of an officer of the Mayor’s Court in the performance of his or her official duties, or in his or her official transactions;
(3) Failure to obey a subpoena duly served, or refusal to be sworn or to answer as a witness, when lawfully required;
(4) The rescue, or attempted rescue, of a person or property held in the custody of an officer of the Mayor’s Court by virtue of an order or process of Mayor’s Court held by him or her;
(5) Failure of a person recognized to appear as a witness in Mayor’s Court to appear in compliance with the terms of his or her recognizance.
(C) Hearing. In case of the occurrence of any of the acts enumerated in division (B) hereof, a charge in writing shall be filed with the Clerk of the Mayor’s Court, an entry thereof made upon the journal and an opportunity given to the accused to be heard, by himself or herself or counsel. This division does not prevent the Mayor’s Court from issuing process to bring the accused into court, or from holding him or her in custody, pending such proceedings.
(D) Right of accused to bail. In proceeding under division (B) hereof, if the writ is not returnable forthwith, the Mayor’s Court may fix the amount of a bond to be given by the accused, with surety to the satisfaction of the Mayor’s Court. Upon the return of a writ, when it is not convenient to hear the charge without delay, the Mayor’s Court shall fix the amount of a bond to be given, with surety to the satisfaction of the Clerk of the Mayor’s Court, for the appearance of the accused to answer the charge. On the execution of such bond, the accused shall be released from custody.
(E) Trial. Upon the day fixed for the trial in a contempt proceeding, the Mayor’s Court shall investigate the charge and hear any answer or testimony which the accused makes or offers. The Mayor’s Court shall then determine whether or not the accused is guilty of the contempt charge.
(F) Imprisonment until order obeyed. When the contempt consists of the omission to do an act which the accused yet can perform, he or she may be imprisoned until he or she performs it.
(G) Judgment final. The judgment and order of the Mayor’s Court or officer thereof made in cases on contempt may be reviewed on appeal. Appeal proceedings shall not suspend execution of the order or judgment until the person in contempt files a bond in the court rendering the judgment, or in the court or before the officer making the order, payable to the Village of Indian Hill with sureties to the acceptance of the Clerk of such court, in an amount fixed by the Mayor thereof, conditioned that if judgment is rendered against such person, he or she will abide by and perform the order or judgment.
(H) Release of prisoner committed for contempt. When a person is committed to jail for contempt the Mayor may discharge him or her from imprisonment when it appears that the public interest will not suffer thereby.
(Ord. 03-14, passed 1-27-14)