1.4Contempt of Court

“Michigan courts have, as an inherent power, the power at common law to punish all contempts of court.” In re Contempt of Dougherty, 429 Mich 81, 91 n 14 (1987). “This contempt power inheres in the judicial power vested in th[e Michigan Supreme Court], the Court of Appeals, and the circuit and probate courts by Const 1963, art 6, § 1.” Dougherty, 429 Mich at 91 n 14. MCL 600.1701 defines a court’s power to punish contempt by fine or imprisonment or both. Contempt may be either civil or criminal and either direct or indirect. Civil contempt “seeks to change . . . conduct by threatening . . . a penalty if [the contemnor] does not change it[;]” criminal contempt “seeks to punish [the contemnor] for past misdoings which affront the dignity of the court.” Jaikins v Jaikins, 12 Mich App 115, 120 (1968). Direct contempt occurs in the immediate view and presence of the court; indirect contempt is outside of the immediate view and presence of the court. In re Contempt of Auto Club Ins Ass’n, 243 Mich App 697, 712 (2000).

For a more detailed discussion on contempt of court, see the Michigan Judicial Institute’s Contempt of Court Benchbook.