90 days for a contempt charge

A contempt charge is like missing a payment on a high-interest credit card. Once the defendant has wore out the court’s patience, they end up with a bigger penalty for the added charge than the original offense.

At first glance the contempt charge seems to be severe and works as a sort of administrative penalty that creates a bigger problem beyond the scope of the initial offense.

After all, who hasn’t missed an appointment?

It was Wednesday in the 5th Circuit Courtroom of Judge Kathleen Watanabe that the court seemed to illustrate the necessity of enforcing the contempt charge. It served as a good demonstration to show no one or no excuse is bigger than the laws we all live by as a community.

A Kapa‘a man was sentenced to 90 days for a contempt of court charge. He had missed a jury trial date after it was scheduled for him when he asked for a jury trial for his district court case.

The defendant had been brought before a district court judge for not completing his community service hours. He gave a well enough story that the judge granted an extension to complete the hours, but was also given a contempt of court charge for not telling his probation officer or anyone else about the circumstances that lead to his charge of failing to comply with probation.

The man felt the contempt charge was unjust and asked for his case to be bumped up to circuit court for a trial. He was given a court appointed attorney who reported that the defendant completed his work hours in short order.

But the same attorney was left standing alone before the judge at his contempt hearing on Monday. He was brought back to court on Wednesday, in custody, and said he had scheduled the wrong date and had been distracted by the poor health of a homeless girlfriend.

The deputy prosecutor noted that of the four misdemeanor and seven petty misdemeanor offenses in the defendant’s criminal history — five of them are for contempt of court.

Watanabe said the defendant had been released on his own recognizance and then failed to appear for court for the sixth time. She said the excuses he gave for missing court dates were not presented to his attorney, probation officer or in open court until the sentencing hearing.

Watanabe said this shows that the defendant has no respect for the court or for the law.

The deputy prosecutor had asked the court for a 30 day sentence to emphasize the importance of making court appearances. The defendant’s attorney asked for time served.

Watanabe sentenced the man to 90 days.

Contempt is conduct that defies the authority or dignity of the court. Such conduct, either in refusing to comply with a court order or terms of sentencing, or missing a court appearance date, serves to interfered with the criminal justice process and is punishable as a separate offense.

The contempt charge we see so often on television happening inside the courtroom by parties involved in the case is called direct contempt. An indirect contempt charge is for failing to follow a court order outside of the court.

A criminal contempt charge is assessed as a misdemeanor or a felony, and usually depends on the severity of the underlying charge. A civil contempt charge is for failing to abide by a court order that was issued on behalf of a third party.

An painful circumstance for missing court hearings can also result in the forfeiture of money tied up with a bond if the defendant bailed out of jail. All too often this is money that belongs to a loved one and not the offender.

• Island Crime Beat is a weekly column that reflects on the current events and issues regarding the police, courts and criminal justice system of Kaua‘i.