What Does It Mean to Be in Contempt of Court?

In June 2024, the defense attorney for celebrity defendant Young Thug in his criminal racketeering trial sought a mistrial, claiming that the presiding judge had held a private meeting outside the courtroom with prosecutors and a witness in the case.

Judge Ural Glanville demanded that the lawyer, Brian Steel, reveal the source of his information. When Steel refused, Glanville found him in contempt of court and ordered him to serve 20 days in jail. Glanville’s ruling illustrates how judges wield their contempt of court power like cudgels when people defy them and their orders. 

Essentially, contempt of court covers any act that disobeys a court order or disrupts the administration of justice, whether it's refusing to turn over sources or engaging in unruly or defiant behavior that judges believe could derail court proceedings. 

Any violation of court rules or decorum that happens in front of a judge–such as shouting at witnesses, jurors or others in a courtroom, refusing to answer questions on the witness stand or disrespecting judicial officers–qualifies as direct contempt of court. 

Indirect contempt of court happens when offenders ignore judges’ orders, like failing to pay court-ordered child support. In 2024, actor Tyrese Gibson generated headlines after he was held in contempt for allegedly failing to pay $73,000 in child support and was ordered detained by a judge. He was held for several hours until his lawyer filed an appeal that triggered his release from custody. Gibson’s contempt charge is still pending and his ex-wife is seeking jail time against him because he allegedly hasn’t paid her attorney fees totalling $500,000

Judges can find people in contempt of court in civil and criminal proceedings. Anyone in a courtroom, including lawyers, jurors and spectators, can be found in contempt of court. Even corporations are fair game and can land in contempt if they ignore court orders.

Some actions that can trigger contempt charges include refusing to answer a judge’s direct question, declining to testify after being subpoenaed and making accusations against court officials or being disrespectful to the presiding judge.

The penalties for being found in contempt in civil and criminal proceedings vary. In civil matters, a person is held in jail until he or she complies with the court’s order. 

In 2005, New York Times reporter Judith Miller spent 85 days in jail in 2005 after being found in civil contempt for refusing to testify before a grand jury about her confidential source in the Valerie Plame CIA leak case. The grand jury was weighing charges against then-Bush administration officials over who had exposed Plame, who was at the time a covert CIA agent whose cover had been blown by a Washington Post story. 

Miller subsequently wrote stories about the leak. Lewis "Scooter" Libby, who at the time served as then-Vice President Dick Cheney's chief of staff, eventually agreed to reveal his identity as Miller’s confidential source, which led to her being released and testifying before the grand jury. The scandal became the basis of the 2010 film “Fair Game” starring Naomi Watts as Plame and Sean Penn, who played Plame’s then-husband Joe Wilson. 

If a person is found of contempt in criminal court, the punishment is a fixed jail sentence involving time behind bars, fines or both. 

Every state has its own rules. In Georgia, for example, a criminal contempt charge can result in up to 20 days in jail and up to a $1,000 fine. Some states allow for up to six-month sentences. The same applies to anyone found in contempt in a federal case. 

Just like in any civil and federal cases, contempt offenders can appeal judge’s rulings. Young Thug’s attorney Steel didn’t serve any time because the Georgia Supreme Court reversed Judge Glanville’s order. 

Outside the halls of justice, individuals can also be found in contempt for dodging subpoenas to appear before Congress.