(A) The Police Court Judge may issue attachment for contempt and punish summarily for contempt in the following cases:
(1) Misbehavior in the presence of the court, or so near thereto as to obstruct or interrupt the administration of justice;
(2) Violence or threats of violence to the Police Court Judge or to any officer of the court or to any witness or party going to, attending, or returning from the court, for or in respect of any act or proceeding had, or to be had, in such court;
(3) Disobedience to or resistance of any officer of the court, witness, or other person to any lawful process, judgment, decree, or order of such court;
(4) Contemptuous or insolent behavior toward the Police Court Judge while engaged in the trial of a case or in any other proceedings or any breach of the peace, wilful disturbance, or indecent conduct in the presence of the Police Court Judge while so engaged, or so near as to obstruct or interrupt his or her proceedings; and
(5) Failure or refusal of any witness to attend or testify in any proceeding before the Police Court Judge.
(B) An order of arrest may be issued by the Police Court Judge on which the person so charged with contempt may be taken and brought before him or her, or such person may be taken in custody by any officer or person present, upon the oral order of the Police Court Judge, and held to answer for the contempt; but an opportunity must be given him or her to be heard in defense or explanation of his or her conduct, and the Judge shall not impose a fine or imprisonment for contempt unless the defendant be present in court, or unless the court shall cause the defendant to be served with a rule of the court to show cause on some certain day, and the defendant shall have failed to appear and show cause.
(Prior Code, § 21-10) Penalty, see § 34.99
Statutory reference:
Contempt and punishment with respect to justices of the peace, see W. Va. Code 61-5-26