Oklahoma § 44-848 - Contempt

§ 44-848. Contempt

ARTICLE 48. Contempt.

A. Authority to punish.

1. With respect to any proceeding under the Oklahoma Uniform

Code of Military Justice, a judicial officer specified in paragraph

2 of this subsection may punish for contempt any person who:

a.

uses any menacing word, sign, or gesture in the

presence of the judicial officer during the

proceeding,

b.

disturbs the proceeding by any riot or disorder, or

c.

willfully disobeys a lawful writ, process, order,

rule, decree, or command issued with respect to the

proceeding.

2. A judicial officer referred to in paragraph 1 of this

subsection is any of the following:

a.

any military trial judge detailed to a court-martial,

b.

any military magistrate detailed or retained to

conduct prereferral proceedings under subsection D of

Section 806B of this title (Article 6B, subsection D)

or subparagraph a of paragraph 1 of subsection A of

Section 17 of this act (Article 30A, subsection A,

paragraph 1, subparagraph a) or appellate proceedings

Oklahoma Statutes - Title 44. Militia

under paragraph 3 of subsection J of Section 866 of

this title (Article 66, subsection J, paragraph 3),

c.

the chief judge of the Military Court of Appeals, or

d.

the president of a court of inquiry.

B. Opportunity to be heard and warning. A judicial officer, as

specified in paragraph 2 of subsection A of this section, may punish

a person cited for contempt after an opportunity to be heard has

been given. Censure shall be imposed by the judicial officer only

if:

1. It is clear from the identity of the offender and the

character of his or her acts that disruptive conduct is willfully

contemptuous; or

2. The conduct warranting the sanction is preceded by a clear

warning that the conduct is impermissible and that specified

sanctions may be imposed for its repetition.

C. Notification of contempt proceedings. The judicial officer,

as specified in paragraph 2 of subsection A of this section, as soon

as practicable after he or she is satisfied that courtroom

misconduct requires contempt proceedings, should inform the alleged

offender of his or her intention to institute said proceedings.

D. Notice and opportunity to provide evidence or testimony.

Before imposing any punishment for contempt, the judicial officer

shall give the offender notice of the charges and an opportunity to

adduce evidence or argument relevant to guilt or punishment.

E. Imposition of sanctions. The judicial officer before whom

the misconduct occurs may impose appropriate sanctions including

punishment for contempt.

F. Punishment. The punishment for contempt under subsection A

of this section shall not exceed the punishments provided in

subsection A of Section 566 of Title 21 of the Oklahoma Statutes.

G. Review. A punishment under this section:

1. If imposed by a military trial judge, may be reviewed by the

Military Court of Appeals in accordance with the uniform rules of

procedure for the Military Court of Appeals under subsection L of

Section 866 of this title (Article 66, subsection L);

2. If imposed by the chief judge of the Military Court of

Appeals, shall constitute a judgment of the court, subject to review

under the applicable provisions of Section 867 of this title

(Article 67); and

3. If imposed by a court of inquiry, shall be subject to review

by the convening authority in accordance with regulations

promulgated by the Adjutant General.

Added by Laws 2019, c. 408, § 55, eff. Oct. 1, 2019. Amended by

Laws 2021, c. 12, § 19, emerg. eff. April 13, 2021.