34-19-9 - Injunctive relief -- Contempt -- Rights of accused. - Utah Statutes

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Statutes > Utah > Title-34 > Chapter-19 > 34-19-9

34-19-9. Injunctive relief -- Contempt -- Rights of accused.
In all cases where a person shall be charged with indirect criminal contempt for violationof a restraining order or injunction issued by a court, or judge or judges of it, the accused shallenjoy:
(1) the rights as to admission to bail that are accorded to persons accused of crime;
(2) the right to be notified of the accusation and a reasonable time to make a defense,provided the alleged contempt is not committed in the immediate view of or in the presence of thecourt;
(3) upon demand, the right to a speedy and public trial by an impartial jury of the judicialdistrict in which the contempt shall have been committed. This requirement shall not be construedto apply to contempts committed in the presence of the court or so near to it as to interferedirectly with the administration of justice or to apply to the misbehavior, misconduct, ordisobedience of any officer of the court in respect to the writs, orders or process of the court; and
(4) the right to file with the court a demand for the retirement of the judge sitting in theproceeding, if the contempt arises from an attack upon the character or conduct of such judge andif the attack occurred otherwise than in open court. Upon the filing of any such demand the judgeshall proceed no further, but another judge shall be designated by the presiding judge of the court.The demand shall be filed prior to the hearing in the contempt proceeding.

Enacted by Chapter 85, 1969 General Session

State Codes and Statutes

Statutes > Utah > Title-34 > Chapter-19 > 34-19-9

34-19-9. Injunctive relief -- Contempt -- Rights of accused.
In all cases where a person shall be charged with indirect criminal contempt for violationof a restraining order or injunction issued by a court, or judge or judges of it, the accused shallenjoy:
(1) the rights as to admission to bail that are accorded to persons accused of crime;
(2) the right to be notified of the accusation and a reasonable time to make a defense,provided the alleged contempt is not committed in the immediate view of or in the presence of thecourt;
(3) upon demand, the right to a speedy and public trial by an impartial jury of the judicialdistrict in which the contempt shall have been committed. This requirement shall not be construedto apply to contempts committed in the presence of the court or so near to it as to interferedirectly with the administration of justice or to apply to the misbehavior, misconduct, ordisobedience of any officer of the court in respect to the writs, orders or process of the court; and
(4) the right to file with the court a demand for the retirement of the judge sitting in theproceeding, if the contempt arises from an attack upon the character or conduct of such judge andif the attack occurred otherwise than in open court. Upon the filing of any such demand the judgeshall proceed no further, but another judge shall be designated by the presiding judge of the court.The demand shall be filed prior to the hearing in the contempt proceeding.

Enacted by Chapter 85, 1969 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-34 > Chapter-19 > 34-19-9

34-19-9. Injunctive relief -- Contempt -- Rights of accused.
In all cases where a person shall be charged with indirect criminal contempt for violationof a restraining order or injunction issued by a court, or judge or judges of it, the accused shallenjoy:
(1) the rights as to admission to bail that are accorded to persons accused of crime;
(2) the right to be notified of the accusation and a reasonable time to make a defense,provided the alleged contempt is not committed in the immediate view of or in the presence of thecourt;
(3) upon demand, the right to a speedy and public trial by an impartial jury of the judicialdistrict in which the contempt shall have been committed. This requirement shall not be construedto apply to contempts committed in the presence of the court or so near to it as to interferedirectly with the administration of justice or to apply to the misbehavior, misconduct, ordisobedience of any officer of the court in respect to the writs, orders or process of the court; and
(4) the right to file with the court a demand for the retirement of the judge sitting in theproceeding, if the contempt arises from an attack upon the character or conduct of such judge andif the attack occurred otherwise than in open court. Upon the filing of any such demand the judgeshall proceed no further, but another judge shall be designated by the presiding judge of the court.The demand shall be filed prior to the hearing in the contempt proceeding.

Enacted by Chapter 85, 1969 General Session