Legal Question in Constitutional Law in West Virginia

Contempt of the court

An individual is upset with the recent rulings of a judge and decides to picket the judge's office. Can the judge hold this individual in contempt of court?


Asked on 3/31/03, 11:06 am

1 Answer from Attorneys

David Schles Law Office of David Schles

Re: Contempt of the court

As you phrased the question, the answer is no. A judge has no jurisdiction to hold a person in contempt for "extra-judicial" activities (that means activities outside the courtroom and not part of a court proceeding which are not in violation of a court order).

If all you intend to do is stand on public property in front of the courthouse and carry a sign criticizing the judge, you are protected by the First Amendment. Such activity is neither contempt of court nor a violation of any other law.

You could be charged with a criminal offense (not contempt) if you were disruptive, assaultive or violated some other law while engaging in your protest, but otherwise you are free to protest the actions of public officials.

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Answered on 3/31/03, 11:35 am


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