Title
A LEGISLATIVE ACT AMENDING TITLE 21 OF THE CHEROKEE NATION CODE ANNOTATED - CRIMES AND PUNISHMENTS; ADDING SECTION 565; AMENDING SECTION 567; AND ADDING SECTION 567.1
Body
BE IT ENACTED BY THE CHEROKEE NATION:
Section 1. Title and Codification
This act shall be codified as Title 21, Sections 565, 567, and 567.1 of the Cherokee Nation Code Annotated.
Section 2. Purpose
AND
The purpose of this legislative act is to define contempt of court; establish when a jury trial for contempt is required or not required; establish when a party bringing a contempt action must be in court for the initial hearing; and to establish requirements for purging a contempt charge for violation of a child support order.
Section 3. Legislative History
Source. LA 10-90, §13, effective November 13, 1990.
Section 4. Substantive Provisions of Law
565 - Definition of Direct Contempt and Indirect Contempt
Contempts of court shall be divided into direct and indirect contempts. Direct and indirect contempts can be civil or criminal in nature:
A. Direct and Indirect Contempts
(1) Direct contempts shall consist of disorderly or insolent behavior committed during the session of the court and in its immediate view, and presence, and of the unlawful and willful refusal of any person to be sworn as a witness, and the refusal to answer any legal or proper question; and any breach of the peace, noise or disturbance, so near to it as to interrupt its proceedings, shall be deemed direct contempt of court, and may be summarily punished as hereinafter provided for.
(2) Indirect contempts of court shall consist of willful disobedience of any process or order lawfully issued or made by court; resistance willfully offered by any person to the execution of a lawful order or process of a court.
B. Civil and Criminal Contempts
(1) Civil contempts: failure to obey a court order that was issued for another party’s benefit. A civil contempt procedure is coercive or remedial in nature.
(2) Criminal...
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