1.4Contempt of Court and Quasi-Judicial Officers
A.Availability of Contempt Sanctions for Violating Quasi-Judicial Officer’s Order
Courts have the power to find persons in contempt for disobeying the lawful orders of the court, a judge of the court, or “any officer authorized to perform the duties of the judge.” MCL 600.1701(c). Accordingly, disobedience of an order issued by a quasi-judicial officer may be punished by a finding of contempt. Id. In addition to this general recognition of contempt as a punishment for disobedience of the orders of officers authorized to perform the duties of a judge, several statutes and court rules provide more specific guidance on the authority of quasi-judicial officers to punish for contempt.
Committee Tip:
Contempt allegations from a quasi-judicial officer generally cannot be punished summarily because the judge will hear about the contempt from the quasi-judicial officer and it will not be taking place directly in front of the judge.
B.Contempt Powers of District Court Magistrates
District court magistrates may “arraign, if authorized by the chief judge of the district court district, for a contempt violation” if the violation “arises directly out of a case for which a judge or district court magistrate conducted the arraignment under [MCL 600.8511(a)-(c)], or the first appearance under [MCL 600.8513,]” and the offense is punishable by imprisonment for not more than one year, a fine, or both. MCL 600.8511(d). District court magistrates may accept a plea in regard to these contempt violations. Id. However, district court magistrates may not conduct a contempt hearing or sentencing. See id.
For more information on the authority of district court magistrates, see the Michigan Judicial Institute’s District Court Magistrate Manual.
Referees may conduct contempt proceedings, but may not issue contempt orders or impose sentences. In re Contempt of Steingold, 244 Mich App 153, 157 (2000).1 See also MCL 712A.10(1)(c); MCR 3.913(A).
D.Contempt Powers of Administrative Hearing Officers
Some governmental agencies have statutory contempt powers to punish disobedience of their hearing officers’ orders; in these instances, a statute will either provide for direct authority to exercise the contempt power or require the agency to apply to the circuit court to initiate contempt proceedings or enforce a contempt citation. See for example:
•In hearings or other matters properly before a Secretary of State hearing officer, the officer may “[p]unish for contempt any witness failing to appear or testify in the same manner as provided by the rules and practice in the circuit court.” MCL 257.322(3)(c).
• Persons guilty of any contempt while in attendance at any hearing held under the Worker’s Disability Compensation Act may be punished for contempt of court. MCL 418.853. “An application for this purpose may be made to any circuit court within whose jurisdiction the offense is committed and for which purpose the court is given jurisdiction.”2 Id.
•In the course of inspections and investigations under the Michigan Occupational Safety and Health Act, the appropriate department may apply to the circuit court for an order compelling evidence or testimony, and the failure to obey such an order may be punished as contempt. MCL 408.1029(3).