In Chambers - Summer 2009


In Part III of this series on contempt of court, we explored various due process obligations in the contempt hearing, including the right to counsel and jury trial, the burden of proof, defenses, and attorneys fees. In this Part IV, we will take a look at the requirements for the written judgment and the commitment order. Additionally, we will explore probation (community supervision) and appeal. It is 6:00. On Friday evening. You’ve been in Court all day long on a very contentious contempt matter. You have found the Respondent in contempt and assessed his punishment as 60 days in jail and to remain in jail until he has fully complied with the existing order by paying the full arrearage. He has been remanded to the sheriff, who has taken him into custody. You can surely go home now, and sign the necessary papers on Monday, right? WRONG! Don’t even think about heading home until you have signed the contempt judgment and the commitment order. Otherwise, all your hard work will be for naught. The Contempt Judgment And Commitment Order The contempt judgment must find that the contemnor has contumaciously refused to obey a lawful order of the court and identify the particular order violated. The judgment may assess separate punishments for multiple violations and may assess separate punishment for each separate violation. A written order of commitment is made for the purpose of enforcing a contempt judgment by directing imprisonment of the contemnor. One order combining the contempt judgment and commitment order may be used if it contains the necessary findings and conforms to the other requirements of the law.[1] The Contempt Judgment Must be Signed Quickly The contempt order must be signed within a “short and reasonable time” after the contempt finding.[2] Thirty days is too long.[3] Specific Findings Required The order should clearly state in what respect the court's previous order has been violated. If the order involves civil contempt, it must spell out exactly what must be done to purge the contempt.[4] It must contain specific findings so that the contemnor will be fully appraised of the alleged act of misconduct and overcome by proof, if any is available, the presumption of the validity of the order.[5] The order, however, will not fail unless “its interpretation requires inferences or conclusions about which reasonable persons might differ”.[6] top of next column	Section 157.166, Texas Family Code, sets out the specific findings required in the contempt order. If incarceration or a fine is imposed, the order must state the "date of each occasion" of noncompliance. An order merely stating the total amount of arrears is insufficient.[7] Punishment Should Be Assessed as to Each Violation, Even if Running Concurrently “If one punishment is assessed for multiple acts of contempt, and one of those acts is not punishable by contempt, the entire judgment is void.”[8] Void Portion Can Be Severed From Valid Portion If the order contains separate findings of contempt and separate punishments for each, the void portions can be severed and the valid portions retained.[9] Review of Judgment A contempt judgment is reviewable only via a petition for writ of habeas corpus (if contemnor is confined) or petition for writ of mandamus (if no confinement).[10] The Commitment Order A commitment is a warrant, order or process by which a court directs an officer to take a person to jail or to prison and to detain him or her there. A written order of commitment is an essential prerequisite to the imprisonment of a person for contempt, when the contemptuous act is committed outside the presence of the court.[11] The contemnor may be detained by the sheriff or other peace officer for the short period of time it takes to prepare the judgment of contempt and order of commitment.[12] But be aware that a “short period of time” means very short. It has been held that four days is too long to wait for a written order.[13] Moreover, the Texas Supreme Court has twice released a contemnor who was held in contempt on a Friday and the written order signed on Monday.[14] However, in another case, the Amarillo Court of Appeals held that a one-day delay for a written order while respondent was retained in custody under a verbal commitment order was both short and reasonable.[15] What if you want to give the Respondent a chance to work himself out of the hole he has dug for himself, while at the same time lighting a fire under him to encourage him to comply? Can you suspend the punishment?
Page Two \| Endnotes

In Part III of this series on contempt of court, we explored various due process obligations in the contempt hearing, including the right to counsel and jury trial, the burden of proof, defenses, and attorneys fees. In this Part IV, we will take a look at the requirements for the written judgment and the commitment order. Additionally, we will explore probation (community supervision) and appeal.

It is 6:00. On Friday evening. You’ve been in Court all day long on a very contentious contempt matter. You have found the Respondent in contempt and assessed his punishment as 60 days in jail and to remain in jail until he has fully complied with the existing order by paying the full arrearage. He has been remanded to the sheriff, who has taken him into custody. You can surely go home now, and sign the necessary papers on Monday, right? WRONG! Don’t even think about heading home until you have signed the contempt judgment and the commitment order. Otherwise, all your hard work will be for naught.

The Contempt Judgment And Commitment Order

The contempt judgment must find that the contemnor has contumaciously refused to obey a lawful order of the court and identify the particular order violated. The judgment may assess separate punishments for multiple violations and may assess separate punishment for each separate violation. A written order of commitment is made for the purpose of enforcing a contempt judgment by directing imprisonment of the contemnor. One order combining the contempt judgment and commitment order may be used if it contains the necessary findings and conforms to the other requirements of the law.[1]

The Contempt Judgment

Must be Signed Quickly The contempt order must be signed within a “short and reasonable time” after the contempt finding.[2] Thirty days is too long.[3]

Specific Findings Required The order should clearly state in what respect the court's previous order has been violated. If the order involves civil contempt, it must spell out exactly what must be done to purge the contempt.[4] It must contain specific findings so that the contemnor will be fully appraised of the alleged act of misconduct and overcome by proof, if any is available, the presumption of the validity of the order.[5] The order, however, will not fail unless “its interpretation requires inferences or conclusions about which reasonable persons might differ”.[6]

top of next column

Section 157.166, Texas Family Code, sets out the specific findings required in the contempt order. If incarceration or a fine is imposed, the order must state the "date of each occasion" of noncompliance. An order merely stating the total amount of arrears is insufficient.[7]

Punishment Should Be Assessed as to Each Violation, Even if Running Concurrently “If one punishment is assessed for multiple acts of contempt, and one of those acts is not punishable by contempt, the entire judgment is void.”[8]

Void Portion Can Be Severed From Valid Portion If the order contains separate findings of contempt and separate punishments for each, the void portions can be severed and the valid portions retained.[9]

Review of Judgment A contempt judgment is reviewable only via a petition for writ of habeas corpus (if contemnor is confined) or petition for writ of mandamus (if no confinement).[10]

The Commitment Order

A commitment is a warrant, order or process by which a court directs an officer to take a person to jail or to prison and to detain him or her there. A written order of commitment is an essential prerequisite to the imprisonment of a person for contempt, when the contemptuous act is committed outside the presence of the court.[11]

The contemnor may be detained by the sheriff or other peace officer for the short period of time it takes to prepare the judgment of contempt and order of commitment.[12] But be aware that a “short period of time” means very short.

It has been held that four days is too long to wait for a written order.[13] Moreover, the Texas Supreme Court has twice released a contemnor who was held in contempt on a Friday and the written order signed on Monday.[14] However, in another case, the Amarillo Court of Appeals held that a one-day delay for a written order while respondent was retained in custody under a verbal commitment order was both short and reasonable.[15]

What if you want to give the Respondent a chance to work himself out of the hole he has dug for himself, while at the same time lighting a fire under him to encourage him to comply? Can you suspend the punishment?

Page Two | Endnotes