(a) Summary Punishment. The Mayor or Vice 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. (ORC 2705.01)
(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 a court or an officer thereof;
(2) Misbehavior of an officer of the 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 court by virtue of an order or process of court held by him or her;
(5) Failure of a person recognized to appear as a witness in a 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 subsection (b) hereof, a charge in writing shall be filed with the Clerk of the 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 subsection does not prevent the court from issuing process to bring the accused into court, or from holding him or her in custody, pending such proceedings. (ORC 2705.03)
(d) Right of Accused to Bail. In proceeding under subsection (b) hereof, if the writ is not returnable forthwith, the court may fix the amount of a bond to be given by the accused, with surety to the satisfaction of the court. Upon the return of a writ, when it is not convenient to hear the charge without delay, the court shall fix the amount of a bond to be given, with surety to the satisfaction of the Clerk of the court, for the appearance of the accused to answer the charge.
On the execution of such bond, the accused shall be released from custody.
(ORC 2705.04)
(e) Trial. Upon the day fixed for the trial in a contempt proceeding, the court shall investigate the charge and hear any answer or testimony which the accused makes or offers.
The court shall then determine whether or not the accused is guilty of the contempt charge. (ORC 2705.05)
(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. (ORC 2705.06)
(g) Failure of Party Released on Bail to Appear. If a party released on bail under subsection (d) hereof fails to appear in court on the day named, the court may issued another order of arrest or order the bond for his or her appearance to be prosecuted, or both. If the bond is prosecuted, the measure of damages in the action is the extent of the loss or injury sustained by the aggrieved party by reason of the misconduct for which the contempt was prosecuted, plus the costs of the proceeding. Such recovery is for the benefit of the party injured. (ORC 2705.07)
(h) Judgment Final. The judgment and order of the court or officer thereof made in cases of 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 City 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. (ORC 2705.09)
(i) Release of Prisoner Committed for Contempt. When a person is committed to jail for contempt, the court or judge who made the order may discharge him or her from imprisonment when it appears that the public interest will not suffer thereby.
(ORC 2705.08)
(j) Penalty. Whoever is found guilty of performing any of the acts enumerated in subsection (b) hereof is guilty of a misdemeanor of the third degree. Punishment shall be as provided in Section 501.99
.
(Ord. 16-1989. Passed 7-17-89.)