(a) Subject to the limitation described in subsection (b), and in addition to the powers conferred by section 402 of title 18, United States Code, the District of Columbia Court of Appeals, or a judge thereof, may punish for disobedience of an order or for contempt committed in the presence of the court.
(b)(1) In the hearing of an appeal from an order of the Superior Court of the District of Columbia regarding the custody of a minor child conducted in the Family Division of the Superior Court under paragraph (1) or (4) of section 11-1101, no individual may be imprisoned for civil contempt for more than 12 months (except as provided in paragraph (2)), pursuant to the contempt power described in subsection (a), for disobedience of an order or for contempt committed in the presence of the court. This limitation does not apply to imprisonment for criminal contempt or for any other criminal violation.
(2) Notwithstanding the provisions of paragraph (1), an individual who is charged with criminal contempt pursuant to paragraph (3) may continue to be imprisoned for civil contempt until the completion of such individual's trial for criminal contempt, except that in no case may such an individual be imprisoned for more than 18 consecutive months for civil contempt pursuant to the contempt power described in subsection (a).
(3)(A) An individual imprisoned for 6 consecutive months for civil contempt for disobedience of an order in a proceeding described in paragraph (1) who continues to disobey such order may be prosecuted for criminal contempt for disobedience of such order at any time before the expiration of the 12-month period that begins on the first day of such individual's imprisonment, except that an individual so imprisoned as of the date of the enactment of this subsection may be prosecuted under this subsection at any time during the 90- day period that begins on the date of the enactment of this subsection.
(B) The trial of an individual prosecuted for criminal contempt pursuant to this paragraph --
(i) shall begin not later than 90 days after the date on which such individual is charged with criminal contempt;
(ii) shall, upon the request of the individual, be a trial by jury; and
(iii) may not be conducted before the judge who imprisoned the individual for disobedience of an order pursuant to subsection (a).
(July 29, 1970, 84 Stat. 481, Pub. L. 91-358, title I, § 111; Sept. 23, 1989, 103 Stat. 634, Pub. L. 101-97, § 2(b).)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 11-741.
1973 Ed., § 11-741.
Miscellaneous Notes
Application of §§ 2 and 3 of Pub. L. 101-97: Section 5 of Pub. L. 101-97 provided that the amendments made by §§ 2 and 3 shall apply with respect to any individual imprisoned before the expiration of the 18-month period that begins on the date of the enactment of this Act for disobedience of an order or for contempt committed in the presence of the Superior Court of the District of Columbia or the District of Columbia Court of Appeals.
Each judge of the District of Columbia Court of Appeals and each employee of the court authorized by the chief judge may administer oaths and affirmations and take acknowledgments.
(July 29, 1970, 84 Stat. 481, Pub. L. 91-358, title I, § 111.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 11-742.
1973 Ed., § 11-742.
The District of Columbia Court of Appeals shall conduct its business according to the Federal Rules of Appellate Procedure unless the court prescribes or adopts modifications of those Rules.
(July 29, 1970, 84 Stat. 481, Pub. L. 91-358, title I, § 111.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 11-743.
1973 Ed., § 11-743.
The chief judge of the District of Columbia Court of Appeals shall summon annually the active associate judges of the District of Columbia Court of Appeals and the active judges of the Superior Court of the District of Columbia to a conference at a time and place that the chief judge designates, for the purpose of advising as to means of improving the administration of justice within the District of Columbia. The chief judge shall preside at such conference which shall be known as the Judicial Conference of the District of Columbia. Every judge summoned shall attend, and, unless excused by the chief judge of the District of Columbia Courts [Court] of Appeals, shall remain throughout the conference. The District of Columbia Court of Appeals shall provide by its rules for representation of and active participation by members of the District of Columbia Bar and other persons active in the legal profession at such conference.
(Dec. 31, 1975, 89 Stat. 1102, Pub. L. 94-193, § 1(a); June 13, 1994, Pub. L. 103-266, § 1(b)(8), 108 Stat. 713.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 11-744.
1973 Ed., § 11-744.
Editor's Notes
In the third sentence of this section, "Court" was inserted, in brackets, to correct an error in terminology.
