Louisiana Code of Criminal Procedure Article 20 defines contempt of court — conduct that obstructs the administration of justice or disrespects the court’s authority. Understanding this article matters because contempt can expose a defendant, and sometimes a witness, to separate penalties during a criminal case.
What the Statute Says
Art. 20. Contempt of court; kinds of contempt
A contempt of court is an act or omission tending to obstruct or interfere with the orderly administration of justice, or to impair the dignity of the court or respect for its authority.
Contempts of court are of two kinds, direct and constructive.
La. Code Crim. Proc. — source: Louisiana State Legislature
Why Article 20 Matters to Your Defense
Article 20 draws a critical line between direct contempt (committed in the court’s presence) and constructive contempt (occurring outside it). That distinction governs what process you are owed: direct contempt may be punished summarily, while constructive contempt generally requires notice and a hearing. Knowing which category applies is the first step in defending against a contempt charge.
Because contempt is about conduct “tending to obstruct or interfere” with justice or to “impair the dignity of the court,” the definition is broad. That breadth makes it important to scrutinize whether the alleged act truly fits the statute, and whether the required intent and procedural protections were honored.
How Our Attorneys Use Article 20
When a client faces contempt, we examine whether the conduct was direct or constructive, whether proper procedure was followed, and whether the court’s order or expectation was clear. Vague directives and missing procedural steps are common grounds to challenge a contempt finding.
We also use Article 20 defensively to keep proceedings fair — ensuring the court’s contempt power is not used to chill legitimate advocacy. For how contempt fits among other procedural rules, see our Louisiana criminal procedure overview.
Frequently Asked Questions
Direct contempt happens in the presence of the court and can be addressed immediately. Constructive contempt occurs outside the court’s presence and generally requires notice and a hearing before punishment.
Yes. Contempt can carry fines and jail time, which is why it should be taken seriously and, where possible, challenged with the help of counsel.
Generally yes. Contempt is treated separately from the criminal charge you are facing, and a contempt finding does not resolve or replace the underlying prosecution.
Charged in Louisiana? Talk to a Defense Attorney
If your case involves a contempt of court allegation, the procedural details can shape the entire outcome. The Ambeau Law Firm knows how to hold the State to the rules. Contact us or call (225) 330-7009 for a free, confidential consultation.