GA Code § 15-1-4 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 1 - General Provisions|§ 15-1-4. Extent of Contempt Power

  The powers of the several courts to issue attachments and inflict summary punishment for contempt of court shall extend only to cases of:   Misbehavior of any person or persons in the presence of such courts or so near thereto as to obstruct the administration of justice;   Misbehavior of any of the officers of the courts in their official transactions;   Disobedience or resistance by any officer of the courts, party, juror, witness, or other person or persons to any lawful writ, process, order, rule, decree, or command of the courts;   Violation of subsection (a) of Code Section 34-1-3, relating to prohibited conduct of employers with respect to employees who are required to attend judicial proceedings; and   Violation of a court order relating to the televising, videotaping, or motion picture filming of judicial proceedings.     No person shall be imprisoned for contempt for failing or refusing to pay over money under any order, decree, or judgment of any court of law or any other court of this state when he denies that the money ordered or decreed to be paid over is in his power, custody, or control until he has a trial by jury in accordance with the following provisions:   The allegation of the plaintiff, receiver, referee, or any other person or persons that the defendant accused of contempt has a certain sum of money within his power, custody, or control, which he is withholding or refuses or fails to pay over, and the denial of the defendant that he has the power, custody, or control of the money shall form the issue to be tried by the jury, and the jury shall decide the issue of fact;   The issue being made, a bond may be required in the discretion of the court for the appearance of the defendant for trial, which bond shall be of sufficient size to ensure the attendance of the defendant to appear and answer the final judgment or decree in the case and shall be approved by the judge. On failure of the defendant to appear, the bond shall be forfeited as in criminal cases. If bond is required but not posted the defendant may be committed to jail for safekeeping until trial; and   The judge presiding shall cause questions to be propounded in writing to the jury and every question propounded shall be answered by the jury in its verdict. Upon the answers made, the judge shall adjudge or decree whether the defendant is in contempt. Either party shall have the right to move for a new trial and to appeal as in other civil cases.     When a person who is gainfully employed violates an order of the court granting temporary or permanent alimony or child support and the judge finds the person in contempt of court, the sentencing judge may sentence the respondent to a term of confinement in a diversion center and participation in a diversion program if such a program has been established by a county pursuant to the provisions of Article 5 of Chapter 3 of Title 42.    (Orig. Code 1863, § 4593; Code 1868, § 4614; Code 1873, § 4711; Code 1882, § 4711; Ga. L. 1892, p. 65, § 1; Civil Code 1895, § 4046; Civil Code 1910, § 4643; Code 1933, § 24-105; Ga. L. 1987, p. 1156, § 2; Ga. L. 1990, p. 590, § 1; Ga. L. 1996, p. 649, § 2; Ga. L. 1996, p. 734, § 1; Ga. L. 2015, p. 422, § 5-1/HB 310.)   Cross references.   - Contempt generally, Ga. Const. 1983, Art. I, Sec. II, Para. IV.   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1987, subsection (b), as enacted by Ga. L. 1987, p. 1156, § 2, was redesignated as subsection (c).   Pursuant to Code Section 28-9-5, in 1996, the (1) designation was deleted from subsection (c).   Editor's notes.   - Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides, in part, that the amendment by this Act shall apply to sentences entered on or after July 1, 2015.   Law reviews.   - For article, "The Appellate Judiciary of Georgia and Contempt Out of Court," see 2 Ga. L. Rev. 341 (1968). For article discussing the validity of contempt of court sanctions based upon a party's disobedience of an injunction constituting a void prior restraint of constitutionally-protected activity, see 7 Ga. L. Rev. 246 (1973). For article, "Contempt of Court in Georgia," see 23 Ga. St. B. J. 66 (1987). For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 231 (2015). For article, "How Not to Get Thrown in Jail," see 22 Ga. Bar. J. 17 (June 2017). For comment on Atlanta Newspapers, Inc. v. State, 101 Ga. App. 105, 113 S.E.2d 148 (1960), see 12 Mercer L. Rev. 284 (1960). For comment on Renfroe v. State, 104 Ga. App. 362, 121 S.E.2d 811 (1961), see 24 Ga. B. J. 544 (1962). For comment, "Civil Contempt and Child Sexual Abuse Allegations: A Modern Solomon's Choice?," see 40 Emory L. J. 203 (1991).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Powers of Courts   Contempt   Procedure   A. Proof   B. Defenses   C. Enforcement of Orders   Interference with Administration of Justice   Discretion of Court    OPINIONS OF THE ATTORNEY GENERAL   Magistrate may prevent interference with constable.   - Justice of peace (now magistrate) may prevent interference with a constable in making a levy through contempt processes. 1965-66 Op. Att'y Gen. No. 65-63.   RESEARCH REFERENCES   Am. Jur. 2d.   - 17 Am. Jur. 2d, Contempt, §§ 68 et seq., 117, 123, 199, 205 et seq. 4 Am. Jur. 2d, Appellate Review, § 200 et seq.   C.J.S.   - 17 C.J.S., Contempt, §§ 7 et seq., 85. 50A C.J.S., Juries, § 147 et seq.   ALR.    - Restitution as purging contempt in violating injunction, 2 A.L.R. 169.    Necessity of affidavit or sworn statement as foundation for constructive contempt, 2 A.L.R. 225; 41 A.L.R.2d 1263.    What courts or officers have power to punish for contempt, 8 A.L.R. 1543; 54 A.L.R. 318; 73 A.L.R. 1185.    Contempt: violation of injunction by one not a party to injunction suit, 15 A.L.R. 386.    Assault as contempt of court, 18 A.L.R. 212; 55 A.L.R. 1230; 52 A.L.R.2d 1297.    Procuring or attempting to procure witness to leave jurisdiction as contempt, 21 A.L.R. 247; 33 A.L.R. 607.    Inability to comply with judgment or order as defense to charge of contempt, 22 A.L.R. 1256; 31 A.L.R. 649; 40 A.L.R. 546; 76 A.L.R. 390; 120 A.L.R. 703.    Forcing party or prosecuting witness to withdraw or not to institute action or proceeding as contempt of court, 23 A.L.R. 187.    Decree or order which merely declares rights of parties without an express command or prohibition as basis of contempt proceeding, 29 A.L.R. 134.    Communicating with grand jury as contempt, 29 A.L.R. 489.    Affidavit to disqualify judge as contempt, 29 A.L.R. 1273.    Contempt for disobedience of mandamus, 30 A.L.R. 148.    Contempt in addressing letter to court or judge with regard to a pending case, 31 A.L.R. 1239.    Conduct of juror in respect of verdict as basis of charge of contempt, 32 A.L.R. 436.    Conduct pending receivership as contempt of court, 39 A.L.R. 6; 48 A.L.R. 241.    Preventing, obstructing, or delaying service or execution of search warrant as contempt, 39 A.L.R. 1354.    Duty of attorney to call witness or to procure or aid in procuring his attendance, 56 A.L.R. 174.    Commitment for contempt in failing to obey order of court as purging one of contempt, 56 A.L.R. 701.    Necessity that hearing be allowed before imposition of punishment for contempt, 57 A.L.R. 545.    Criticism of attitude of the court or judge toward violations of liquor law as contempt, 58 A.L.R. 1001.    Shadowing, or tampering or communicating with, jurors as contempt, 63 A.L.R. 1269.    Punishment of election officers for contempt, 64 A.L.R. 1019.    Refusal to keep promise to waive privilege against self-incrimination as contempt, 69 A.L.R. 855.    Criticism of court's appointment of receiver as contempt, 97 A.L.R. 903.    Refusal or failure of clerk of court to comply with direction of court or judge upon ground of its invalidity or supposed invalidity as contempt, 119 A.L.R. 1380.    Legislative power to abridge, limit, or regulate power of courts with respect to contempt, 121 A.L.R. 215.    Misconduct by jurors as contempt, 125 A.L.R. 1274.    Impersonation or false statement by juror as to his identity as ground for new trial, 127 A.L.R. 717.    Failure or refusal to surrender possession or disclose whereabouts of property in replevin as contempt, 130 A.L.R. 632.    Reversal, modification, dismissal, dissolution, or resettlement of injunction order or judgment as affecting prior disobedience as contempt, 148 A.L.R. 1024.    Necessity and sufficiency of making and recording subsidiary or detailed findings supporting adjudication of direct contempt, 154 A.L.R. 1227.    Freedom of speech and press as limitation on power to punish for contempt, 159 A.L.R. 1379.    Power to include separate acts of contempt in a single contempt proceeding, 160 A.L.R. 1104.    Fine for contempt as provable or dischargeable in bankruptcy, 163 A.L.R. 389.    Seizure or impoundment of property in contempt cases, 167 A.L.R. 713.   Right to punish for contempt for failure to obey court order or decree either beyond power or jurisdiction of court or merely erroneous, 12 A.L.R.2d 1059.   Punishment of civil contempt in other than divorce cases by striking pleading or entering default judgment or dismissal against contemner, 14 A.L.R.2d 580.   Procuring perjury as contempt, 29 A.L.R.2d 1157.   Bail jumping after conviction, failure to surrender or to appear for sentencing, and the like, as contempt, 34 A.L.R.2d 1100.   Limitations statute applicable to criminal contempt proceedings, 38 A.L.R.2d 1131.   Contempt: acts or conduct outside of courtroom or jury room as in federal court's presence, within 18 USC § 401(1), 42 A.L.R.2d 970.   Impeachment of witness by showing conviction of contempt, 49 A.L.R.2d 845.   Pleading and burden of proof, in contempt proceedings, as to ability to comply with order for payment of alimony or child support, 53 A.L.R.2d 591.   Allowance of attorneys' fees in contempt proceedings, 55 A.L.R.2d 979; 43 A.L.R.3d 793.   Sufficiency of notice to, or service upon, contemnor's attorney in civil contempt proceedings, 60 A.L.R.2d 1244.   Who may institute civil contempt proceedings, 61 A.L.R.2d 1083.   Published article or broadcast as direct contempt of court, 69 A.L.R.2d 676.   Use of affidavits to establish contempt, 79 A.L.R.2d 657.   Admissibility, in contempt proceeding against witness, of evidence of incriminating nature of question as to which he invoked privilege against self-incrimination, 88 A.L.R.2d 463.   Perjury or false swearing as contempt, 89 A.L.R.2d 1258.   Power to base separate contempt prosecutions or punishments on successive refusals to respond to same or similar questions, 94 A.L.R.2d 1246.   False or inaccurate report of judicial proceedings as contempt, 99 A.L.R.2d 440.   Circumstances under which one court can punish a contempt against another court, 99 A.L.R.2d 1100.   Delay in adjudication of contempt committed in the actual presence of court as affecting court's power to punish contemnor, 100 A.L.R.2d 439.   Use of intoxicating liquor by jurors: civil cases, 6 A.L.R.3d 934.   Criminal liability for obstructing process as affected by invalidity or irregularity of the process, 10 A.L.R.3d 1146.   Appealability of order directing payment of money into court, 15 A.L.R.3d 568.   Prejudicial effect of holding accused in contempt of court in presence of jury, 29 A.L.R.3d 1399.   Appealability of contempt adjudication or conviction, 33 A.L.R.3d 448.   Publication or broadcast, during course of trial, of matter prejudicial to criminal defendant, as contempt, 33 A.L.R.3d 1116.   Attorney's refusal to accept appointment to defend indigent, or to proceed in such defense, as contempt, 36 A.L.R.3d 1221.   Attacks on judiciary as a whole as indirect contempt, 40 A.L.R.3d 1204.   Defense of entrapment in contempt proceedings, 41 A.L.R.3d 418.   Propriety of requiring accused to give handwriting exemplar, 43 A.L.R.3d 653.   Right to counsel in contempt proceedings, 52 A.L.R.3d 1002.   Mortgagor's interference with property subject to order of foreclosure and sale as contempt of court, 54 A.L.R.3d 1242.   Picketing of court or judge as contempt, 58 A.L.R.3d 1297.   Assault on attorney as contempt, 61 A.L.R.3d 500.   Attorney's addressing allegedly insulting remarks to court during course of trial as contempt, 68 A.L.R.3d 273.   Conduct of attorney in connection with making objections or taking exceptions as contempt of court, 68 A.L.R.3d 314.   Refusal to answer questions before state grand jury as direct contempt of court, 69 A.L.R.3d 501.   Affidavit or motion for disqualification of judge as contempt, 70 A.L.R.3d 797.   Power of court to impose standard of personal appearance or attire, 73 A.L.R.3d 353.   Contempt for violation of compromise and settlement the terms of which were approved by court not incorporated in court order, decree, or judgment, 84 A.L.R.3d 1047.   Right of injured party to award of compensatory damages or fine in contempt proceedings, 85 A.L.R.3d 895.   Acquittal of criminal charges other than contempt as precluding contempt proceedings relating to same transaction, 88 A.L.R.3d 1089.   Oral court order implementing prior written order or decree as independent basis of charge of contempt within contempt proceedings based on violation of written order, 100 A.L.R.3d 889.   Violation of state court order by one other than party as contempt, 7 A.L.R.4th 893.   Attorney's failure to attend court, or tardiness, as contempt, 13 A.L.R.4th 122.   Validity, propriety, and effect of allowing or prohibiting media's broadcasting, recording, or photographing court proceedings, 14 A.L.R.4th 121.   Oral communications insulting to particular state judge, made to third party out of judge's physical presence, as criminal contempt, 30 A.L.R.4th 155.   Attorney's use of objectionable questions in examination of witness in state judicial proceeding as contempt of court, 31 A.L.R.4th 1279.   Contempt based on violation of court order where another court has issued contrary order, 36 A.L.R.4th 978.   Intoxication of witness or attorney as contempt of court, 46 A.L.R.4th 238.   Validity and construction of state court's order precluding publicity or comment about pending civil case by counsel, parties, or witnesses, 56 A.L.R.4th 1214.   Propriety of using contempt proceeding to enforce property settlement award or order, 72 A.L.R.4th 298.   Contempt: state court's power to order indefinite coercive fine or imprisonment to exact promise of future compliance with court's order - anticipatory contempt, 81 A.L.R.4th 1008.   Profane or obscene language by party, witness, or observer during trial proceedings as basis for contempt citation, 29 A.L.R.5th 702.   Right to appointment of counsel in contempt proceedings, 32 A.L.R.5th 31.   Holding jurors in contempt under state law, 93 A.L.R.5th 493.   Media's dissemination of material in violation of injunction or restraining order as contempt - federal cases, 91 A.L.R. Fed. 270.