Lake Court of Indian Offenses
Code – “Revisions July 25, 2001”
The sovereignty and jurisdiction of the Red Lake Band of Chippewa Indians shall extend to all places within the boundaries of the Red Lake Indian Reservation including all restored parcels of land as defined in the Treaties creating the Reservation and the documents restoring land to the Red Lake Band.
The Red Lake Court of Indian Offenses shall have jurisdiction over all offenses committed within the boundaries of the Red Lake Indian Reservation and restored land against the law of the Tribe as established by this Code of Laws and by duly enacted ordinances of the Red Lake Tribal Council.
The Red Lake Court of Indian Offenses shall have civil jurisdiction over any civil matter wherein the parties to the action are non-Indians, Indians or the parties are an Indian and a corporation, partnership, association or other entity in which the same is owned in whole or the controlling interest therein is owned by an Indian or Indians or an Indian Tribe, and:
a) The cause of action arises under the Constitution, Laws or Ordinances of the Red Lake Band of Chippewa Indians; or
b) The transaction or occurrence giving rise to the cause of action occurred on the Red Lake Indian Reservation which includes any restored lands.
(Section 100.03, original wording reinstated by Resolution No. 1-92 dated January 14, 1992)
Subdivision 1. Waiver. Notwithstanding other provisions of this Code to the contrary, the Red Lake Nation Courts shall have jurisdiction over all suits based on an action to recover possession of collateral in which the defendant is an Indian, resides on the Red Lake Indian Reservation and has executed, in connection with a loan, a security agreement waiving his or her right to the collateral set forth in the security agreement. Language sufficient to create such a waiver shall be as follows:
"In case of default under the terms of the security agreement dated , the debtor herein waives all rights to the collateral herein and grants permission to the creditor to file suit in the Red Lake Nation Courts in an action to recover possession of the collateral herein."
Subdivision 2. Conditions of Waiver. The remedy available to a creditor in this section shall only exist on the condition that the collateral which is the subject of the action was obtained by the debtor with the proceeds of the loan which the collateral secures and on the further condition that the creditor in the action possesses a valid business license issued by the Red Lake Band of Chippewa Indians.
Subdivision 3. Filing. The waiver set forth in Subdivision 1 hereof shall be signed by the debtor in the presence of two witnesses who shall also sign their signatures as witnesses to the waiver. A copy of the executed waiver, together with a filing fee in the amount of $5.00, shall be filed with the clerk of the Red Lake Nation Courts.
(Section 100.031, Limited Waiver added to Tribal Code by Resolution No. 51-92 dated February 11, 1992)
Subdivision 1. Immunity from Suit. The Red Lake Band of Chippewa Indians shall be immune from any lawsuit. Nothing in this Code shall be construed as consent by the Tribe to be sued.
Subdivision 2. Suits Against Tribal Officials. No elected official or employee of the Red Lake Band of Chippewa Indians shall be subject to a lawsuit for money damages for actions taken in the course of his/her official duties or in the reasonable belief that such actions were within the scope of his/her official duties; unless, in the case of a tribal employee who does not hold elected office, it is established that such action was taken with malicious intent and in bad faith.
Subdivision 3. Declaratory and Equitable Relief. The Red Lake Court of Indian Offenses
has exclusive jurisdiction over all suits in which
officials are defendants where only declaratory and equitable relief is
Subdivision 1. Creation of Court. There is hereby established the Red Lake Court of Indian Offenses as a court of record and general jurisdiction. References throughout this Code to the word "Court" shall mean the Red Lake Court of Indian Offenses.
Subdivision 2. Composition. The Court shall consist of a Chief Judge and two Associate Judges, each of whom shall be appointed and whose duties shall be regular and permanent. Additional Associate Judges may be appointed, from time to time, as may be necessary to carry on the business of the Court.
Subdivision 3. Records of Court. The Court shall keep a record of all proceedings of the Court, showing the title of the case; the names and addresses of the parties; the substance of the complaint; the dates of hearings or trials; the name of the judge; the verdict of the jury and the judgment; the preservation of testimony for the perpetual memory by electronic recording or otherwise, together with any other facts or circumstances deemed of importance to the case.
Subdivision 4. Rules of Court. The Chief Judge and Associate Judges may prescribe written rules for the Court consistent with the provisions of this Code.
Subdivision 5. Services to the Court. The Court may request and utilize social services, health, educational or other professional services of tribal employees and others.
Subdivision 1. There is hereby created the Red Lake Court of Appeals of the Red Lake Band of Chippewa Indians. References throughout this Code to the words "Court of Appeals" shall mean the Red Lake Court of Appeals.
Subdivision 2. Composition. The Court of Appeals shall consist of the Chief Judge and two Associate Judges of the Red Lake Court of Indian Offenses. At any particular hearing before the Court of Appeals three Judges shall be present to hear and determine the appeal, none of whom shall have been the Judge that decided or was involved in the case being appealed at the trial level and none of whom shall be related to the parties involved in the appeal in a relationship closer than a third cousin.
Subdivision 3. Jurisdiction of the Court of Appeals.
The Court of Appeals shall have exclusive jurisdiction of all appeals from final orders and judgments of the Red Lake Court of Indian Offenses. The Court of Appeals or the Chief Judge alone, shall have jurisdiction:
a) To take all steps necessary to preserve and protect the jurisdiction of the Court.
b) During the pendency of any appeal, to release the appellant on his/her own recognizance or on bail pursuant to this Code.
c) To make any order appropriate to preserve the status quo or to protect any ultimate judgment of the Court of Appeals.
Subdivision 4. Records of Court of Appeals.
The Court of Appeals shall keep a record of all proceedings of the Court, showing the title of the case, the names and addresses of all parties, the briefs, the date of any oral argument, the names of the Justices who heard and decided the case, and the judgment, together with any other facts and circumstances deemed of importance to the case.
The Court of Appeals shall have appellate jurisdiction in all cases, but there shall be no trials, by jury or otherwise, in the Court of Appeals. The decision of the Appellate Court shall be final.
Subdivision 6. Terms of Court.
If the business of the Court of Appeals so requires, the Court of Appeals shall hold up to four terms of court per year as designated by the Chief Justice. The terms of court shall begin on the first Monday of February, the first Monday of May, the first Monday of August and the first Monday of November, unless any such Monday is a legal holiday. The Court of Appeals shall dispose of all appeals on the docket before it ends the term. The Chief Justice, on his/her own initiative, may convene special terms of the Court of Appeals at such time and places as may be necessary in the interest of justice.
The Court of Appeals shall have jurisdiction to hear and determine appeals from any final judgment of the Red Lake Court of Indian Offenses in civil or criminal cases. Appeals shall be taken as provided in Sections 101.04 and 101.05.
Subdivision 1. An appeal must be taken within fifteen (15), days from the judgment appealed from by filing a written notice of appeal with the Clerk of the Red Lake Court of Indian Offenses. Upon request, the Clerk of the Red Lake Court of Indian Offenses shall prepare the Notice of Appeal.
Subdivision 2. The Notice of Appeal shall contain the following information:
a) The name of the party or parties making the appeal; and
b) Identification of the judgment of the judgment or portion of the judgment being appealed; and
c) A short statement of the reasons for the appeal.
The Clerk of the Red Lake Court of Indian Offenses shall mail a copy of the Notice of Appeals to all parties other than the party or parties making the appeal.
Subdivision 3. The party making the appeal shall be designated as the appellant. All other parties shall be designated as the respondents.
Subdivision 4. In criminal cases, the defendant may be continued on release or be released on bail as provided in Section 404.02 of this Code by the Red Lake Court of Indian Offenses. In connection with an appeal being filed, the appellant may petition the Court of Appeals, or the Chief Justice thereof, to review any decision of the Red Lake Court of Indian Offenses taken under this Subdivision.
Subdivision 5. In civil cases, the appellant may request the Red Lake Court of Indian Offenses to stay the judgment pending action on the appeal and either party may request the Red Lake Court of Indian Offenses to grant or stay an injunction pending an appeal. The Red Lake Court of Indian Offenses may, as a condition to granting a stay pending the outcome of an appeal, require the depositing of cash, or a bond or other form of security which is satisfactory to the Red Lake Court of Indian Offenses. The conditions of the cash deposit, bond or other security shall be the payment of all costs and disbursements awarded against the Respondent as a consequence of the appeal and the obedience to and satisfaction of the order or judgment which the Court of Appeals may give if the judgment from which the appeal is taken is affirmed or if the appeal is dismissed. The appellant may petition the Court of Appeals or the Chief Justice thereof, to review any decisions of the Red Lake Court of Indian Offenses under this Section.
Subdivision 6. Any surety to a bond thereby submits himself/herself or itself to the jurisdiction of the Red Lake Court of Indian Offenses and irrevocably appoints the Clerk of the Red Lake Court of Indian Offenses as his or her agent upon whom papers affecting his or her liability on the bond may be served. The liability of a surety may be enforced on motion without the necessity of an independent action. The motion and such notice of the motion as the Red Lake Court of Indian Offenses who shall forthwith mail copies of the same to the surety at its last known address.
Within five (5) days after a Notice of Appeal is filed, the Clerk of the Red Lake Court of Indian Offenses shall certify and file with the Court of Appeals all papers, documents, exhibits and recordings which comprise the record of the case.
Subdivision 1. Within fifteen (15) days after the Notice of Appeal is filed, the appellant may file a written brief, memorandum or other statement supporting the position of the appellant's appeal. An original and three (3) copies of the same shall be filed with the Court of Appeals who shall then mail one (1) copy to each respondent by certified or registered mail with return receipts requested. The Return receipt shall be filed with the Court of Appeals.
Subdivision 2. Within Thirty (30) days after the Notice of Appeal is filed, the respondent
may file with the Court of Appeals a written brief, memorandum or other statement supporting the
position of the respondent on the appeal. An original and three (3) copies of the same shall be filed with the Court of Appeals who shall then mail one copy to each appellant by certified or registered
mail with return receipt requested. The return receipt shall be filed with the Court of Appeals. No
further briefs, memoranda or statements shall be allowed without leave of the Court of Appeals.
Subdivision 3. With leave of the Court of Appeals and in the interest of justice the time periods set forth in this section may be altered.
The Court of Appeals, in its discretion and upon the request of any party to the appeal may assign cases for oral argument before the Court of Appeals. Cases in which any of the parties have failed to file a written statement of their position on appeal shall be assigned for oral argument. Those cases not assigned for oral argument may be disposed of on the briefs without oral argument.
A separate docket shall be maintained for the Court of Appeals in which all actions taken at each stage of the proceedings in the Court of Appeals shall be recorded.
Written rules of the Court of Appeals consistent with the provisions of this Code may be prescribed by the Justice of the Court of Appeals subject to the approval of the Tribal Council of the Red Lake Band of Chippewa Indians.
Subdivision 1. In order to be eligible to hold the office of Justice or Judge, a person:
a) Must be twenty-five (25) years of age or older; and
b) Must be of high moral character and integrity; and
c) Must have never been convicted of a felony; and
d) Must be a high school graduate or its equivalent; and
e) Must be physically able to carry out the duties of the office; and
f) Must be learned in the laws and customs of the Red Lake Band of Chippewa Indians.
Subdivision 2. Further Qualifications for appointment include:
g) Must be a member of the Red Lake Band of Chippewa Indians; and
h) Must be a resident of the Red Lake Indian Reservation; and
I) Must be able to understand and speak the Chippewa language and the English language.
Upon declaration through resolution by the Red Lake Tribal Council, that exigent circumstances warrant such action, the Red Lake Tribal Council may waive any/or all of the qualifications listed in this subdivision.
(Section 102.01 Subdivision 2 added to the Tribal Code by Resolution No. 150-96, dated July 9, 1996)
As the need arises, the Tribal Council may appoint Judges or Justices on a temporary basis, for a specified length of time and purpose.
(Section 102.25 added to the Tribal Code by Resolution No. 150-96, dated July 9, 1996)
Each Justice and Judge shall be appointed by the Tribal Council for a term of four (4) years. They shall hold office during the term for which they are appointed or until they resign, retire or are removed pursuant to this Chapter.
In the absence of formal re-appointment, judges who have served until the end of their term shall continue on in their capacity until the Council makes a formal appointment.
Judges serving in this continuing capacity may either be formally re-appointed or be removed without cause at any time following the expiration of their term.
Judges who are not re-appointed or removed within one year of the expiration of their term, shall be considered to have been re-appointed, effective the date of their expiration of the earlier term.
(Section 102.02 amended to the Tribal Code by Resolution No. 162-92, dated May 12, 1992)
(Section 102.02 amended to the Tribal Code by Resolution No. 245-95, dated November 14, 1995)
Subdivision 1. The Justice and Judges shall administer justice and discharge all duties imposed upon them by the Tribal Code, Constitution, Ordinances and Laws of the Red Lake Band of Chippewa Indians, and shall hear and decide causes and enter judgments or orders disposing of each cause. The Chief Judge of the Red Lake Court of Indian Offenses shall be responsible for the administration of the Court's business, the assignment of cases and the management of the Court's business, the assignment of cases and the management of the Court's calendar and shall in the absence of a Clerk of Court, perform the Clerk's duties in addition to his or her own. All Judges of the Court shall have the power to receive cash bail whenever the Clerk is not available.
Subdivision 2. All Judges of the Red Lake Court of Indian Offenses shall:
issue arrest warrants, search warrants and summonses when the occasion
b) Deputize special tribal police officers when the occasion requires; and
c) Perform all other duties specifically assigned to them by this code.
The compensation of Justices and Judges shall be fixed by the Red Lake Tribal Council. Justices of the Red Lake court of Appeals shall receive compensation only for those days that they sit as members of the Court of Appeals or otherwise perform the duties of the office of Justice of the Court of Appeals.
Subdivision 1. Misconduct. Misconduct as used in this section shall mean:
a) Incompetent performance of the duties required of the office;
b) Failure to perform the duties required of the office;
c) Mental or physical incapacity to perform the duties required of the office;
d) Conviction of a felony or a misdemeanor involving dishonesty or acts offensive to the morals of the community.
Subdivision 2. Procedure. Upon a written charge of misconduct in office, executed and filed by a member of the Tribal Council of the Red Lake Band of Chippewa Indians, the Tribal Council shall initiate proceedings, after adoption of a resolution to that effect, to remove a Justice or Judge from office. The written charge, or copy thereof, together with a copy of the resolution initiating the removal proceeding, shall be served on the Justice or Judge. The resolution shall set forth a time and place for a hearing before the Tribal Council on the resolution or removal, which hearing shall not be less than ten (10) days nor more than twenty (20) days prior to the date of service of the written charge and resolution on the Judge or Justice. Service shall be made personally on the Judge or Justice and an affidavit of service shall be filed with the Tribal Council.
Subdivision 3. Hearing. The Justice or Judge so charged shall be given an opportunity to answer the charge by written and oral presentation before the Tribal Council at the hearing, to have the charges proven by testimony of witnesses and documentary evidence, to present his/her own witnesses and to have the right to cross-examine witnesses appearing on behalf of the charging party.
Subdivision 4. Final Decision. After the hearing, a Justice or Judge may be removed by an affirmative vote of seven (7) members of the Tribal Council with a quorum present. The decision of the Tribal Council shall be final.
Subdivision 1. A Justice or Judge shall disqualify himself/herself in any proceeding in which his/her impartiality might reasonably be questioned, in which s/he has any personal bias or prejudice concerning any party, in which s/he or a member of his/her immediate family might be a witness or have any personal knowledge or dispute evidentiary facts concerning the proceeding, in which s/he or any member of his/her immediate family is a party or has any financial or other interest in the proceeding, and which s/he is related to any of the parties to the action as a parent, grandparent, brother, sister, aunt, uncle, first or second cousin.
Subdivision 2. A Justice or Judge may be disqualified upon his/her own motion or/and shall be disqualified by the filing of an affidavit of prejudice citing one of the grounds set forth in Subdivision 1 hereof, by a party to the proceeding.
Subdivision 1. There shall be a Chief Clerk of Court and such assistant clerks of court as may be necessary to carry out the business of the court. The Clerk of Court shall serve as clerk to both the Red Lake Court of Indian Offenses and the Red Lake Court of Appeals. The Clerk of Court and all assistant clerks shall be appointed by the Tribal Council.
Subdivision 2. Qualification. To be eligible to serve as Chief Clerk of Court, a person:
a) Must be at least 25 years of age; and
b) Must be of high moral character and integrity; and
c) Must be a high school graduate or its equivalent; and
d) Must never have been convicted of a felony; and
e) Must be physically and mentally able to carry out the duties of the office; and
f) Must be a resident of and member of the Red Lake Band of Chippewa Indians; and
Must be proficient in typing; and
h.) Must be able to understand and speak the Chippewa language and the English language.
To service as an Assistant Clerk of Court, a person must satisfy all the foregoing requirements except that an Assistant Clerk shall be at least twenty one (21) years of age.
Subdivision 3. Compensation, Bonding. The Clerk of Court shall be bonded. The compensation of the Clerk of Court, the amount of the Clerk's bond, and the compensation of Assistant Clerks shall be fixed by the Red Lake Tribal Council.
Subdivision 4. Termination of Services. Termination of the services of a Clerk of Court or any Assistant Clerks shall be governed by the Personnel Policies and Procedures of the Red Lake Band of Chippewa Indians.
Subdivision 5. Duties of Clerk's Office. The Clerk of Court shall assist the Courts, the authorized law enforcement officers of the Red Lake Reservation and Indians of the Reservation in preparing all necessary papers including civil complaints, subpoenas, warrants, notices, petitions and other documents relating to the functions of the courts. The clerk shall also perform other duties imposed upon the office by this Code. The clerk shall attend and keep written records of all proceedings of the Courts, administer oaths and collect fines, costs, fees and other moneys. The clerk shall account to the authorized authority for all moneys collected by the office.
Subdivision 1. Tribal Court Prosecutor. There shall be a Tribal Court prosecutor and such assistant prosecutors as the Tribal Council may determine.
Subdivision 2. Qualifications. To be eligible to serve as a Tribal Court prosecutor or assistant prosecutor, a person shall:
a) Be at least 21 years of age; and
b) Be of high moral character and integrity; and
Never have been convicted of a felony; and
d) Be physically and mentally capable to carry out the duties of the office.
The following attributes are to be considered, but may be waived upon declaration of the Tribal Council that exigent circumstances exist that warrant such a waiver.
e) Must be a member of the Red Lake Band of Chippewa Indians; and
f) Must be a resident of the Red Lake Indian Reservation; and
g)Must be able to understand and speak the Chippewa Language and the English Language.
(Section 102.08, Subd. 2 amended to the Tribal Code by Resolution No. 48-99, dated March 9, 1999)
Subdivision 3. Appointment and Compensation. The Tribal Court Prosecutor and any Assistant Prosecutors shall be appointed by the Tribal Council. The Tribal Prosecutor shall be under the direction and control of the Tribal Council. The Tribal Council shall establish rates of compensation for the Tribal Court Prosecutor and Assistant Prosecutors. The term of appointment shall be at the discretion of the Tribal Council.
Office. The Tribal Court Prosecutor and Assistant
in the name of the Tribe, prosecute criminal cases in the Red Lake
Indian Offenses. The prosecutors shall supervise the gathering of
evidence by law enforcement officers to make sure each case is promptly
fairly presented, shall be authorized to represent the Tribe at
and shall be authorized to dismiss any criminal matter that is not
sufficient evidence or is improperly brought. The Tribal Court
shall represent juveniles in juvenile court proceedings where parents
guardians are charged with neglect, abuse or abandonment or where the
of a child is disputed. The Tribal Court Prosecutor shall make
recommendations from time to time to the Tribal Council and Red Lake
Indian Offenses on the administration of justice on the Red Lake Indian
Subdivision 5. Termination of Services. The services of the Tribal Court Prosecutor and Assistant Prosecutors may be terminated at any time for any reasons by the Tribal Council.
Subdivision 1. Tribal Public Defender. The Tribal Council may appoint a tribal public defender and any assistants it deems necessary.
Subdivision 2. Qualifications. To be eligible to serve as a Tribal Public Defender or Assistant Defender, a person shall possess the same qualifications as required for a tribal prosecutor as set forth in Section 102.08, Subd. (2) of this Code.
Subdivision 3. Compensation. The Tribal Council shall establish rates of compensation for the Tribal Public Defender and any assistants.
Subdivision 4. Term of Office. The term of office of the tribal public defender and any assistant defenders shall be at the discretion of the Tribal Council.
Subdivision 5. Duties. The tribal public defender and assistants shall, without charge, to an individual Indian, represent Indians accused of crimes in the Red Lake Court of Indian Offenses with the consent of the defendant. Representation shall be provided at all stages of the proceeding following the filing of a complaint. The tribal public defender shall take all necessary steps to investigate the facts of each case to make sure each case is fairly presented from the side of the defense.
Subdivision 6. Removal of Tribal Public Defender. The services of tribal public defender and assistants may be terminated at any time for any reason by the Tribal Council.
Subdivision 1. No person, whether a professional attorney or otherwise, shall appear before the Tribal Court and represent an individual or entity unless that person shall be licensed by the Tribal Council of the Red Lake Band of Chippewa Indians, upon terms and conditions deemed advisable by the Tribal Council in the exercise of its sound discretion. Persons requesting to be licensed shall make an application to the Red Lake Tribal Council on forms provided by the Tribal Council.
Subdivision 2. - Fees. Each application submitted to the Red Lake Tribal Council to represent an undivided or entity before the Red Lake Tribal Court shall be accompanied by the following non-refundable application fee: Attorneys $250.00, Lay Counselors $10.00. In addition to the initial application fee, an annual fee as follows shall be required in order to practice before the Red Lake Tribal Court: Attorneys $100.00, Lay Counselors $10.00. The annual fee shall run from January 1st to December 31st of each calendar year. Individuals admitted to practice during the annual licensing period shall be required to pay the annual fee. Failure to pay the annual fee prior to January 15, of each year or within ten (10) days of application for admission acceptance shall be grounds for revoking licenses to practice before the Red Lake Tribal Court. Attorneys who are employed full time by Legal Aid Services who would be representing indigent Red Lake Indians may make an application to the Red Lake Tribal Council to practice before the Red Lake Tribal Court by paying a non-refundable application fee of $10.00 and an annual fee of $10.00.
(Section 102.10, Subd. 1 amended to the Tribal Code by Resolution No. 217-90, dated October 9, 1990)
(Section 102.10, Subd. 2 amended to the Tribal Code by Resolution No. 264-90, dated December 11, 1990.)
All applicants to be licensed shall meet the following criteria:
a) Be at least 21 years of age; and
Be a person of good moral character; and
c) Has never need convicted of a felony and is a law abiding citizen; and
d) Is schooled in tribal law and has knowledge of the laws, customs, and court rules and procedures of the Red Lake Band; and
e) Has an understanding of the Chippewa language; and
f) Is a member of the Red Lake Band of Chippewa Indians; and
g) Is a resident of the Red Lake Indian Reservation and has been such for a period of one year prior to applying to the Tribal Council for a license.
All court personnel, including part-time or temporary staff, must undergo background checks prior to their employment in the Tribal Court system.
(Section 102.11 added to the Tribal Code by Resolution No. 150-96, dated July 9, 1996)
Subdivision 1. Kinds. Contempt of court are of two kinds, direct and constructive.
Subdivision 2. Direct. Direct contempt are those which occur in the immediate view and presence of the court, and arise from one or more of the following acts:
(1) Disorderly, contemptuous, or insolent behavior toward the judge while holding court, tending to interrupt the due course of a trial or other judicial proceedings;
(2) A breach of the peace, boisterous conduct, or violent disturbance, tending to interrupt the business of the court.
Subdivision 3. Constructive. Constructive contempt are those not committed in the immediate presence of the court, and of which it has no personal knowledge, and may arise from any of the following acts or omissions:
(1) Misbehavior in office, or other willful neglect or violation of duty, by a counselor, court administrator, or other person appointed or elected to perform a judicial or ministerial service;
(2) Deceit or abuse of the process or proceedings of the court by a party to an action or special proceeding;
(3) Disobedience of any lawful judgment, order, or process of the court;
(4) Unlawfully detaining a witness or party to an action while going to, remaining at, or returning from the court where the action is to be tried;
(5) Any other unlawful interference with the process or proceedings of a court;
(6) Disobedience of a subpoena duly served, or refusing to be sworn or to answer as a witness;
(7) When summoned as a juror in a court, neglecting to attend or serve, improperly conversing with a party to an action to be tried at the court or with any person relative to the merits of the act, or receiving a communication from a party or other person in reference to it, and failing to immediately disclose the same to the court;
(8) Disobedience, by an inferior tribunal or officer, of the lawful judgment, order, or process of a superior court, proceeding in any court contrary to law after it has been removed from its jurisdiction;
(9) Failure or refusal to pay a penalty assessment levied pursuant to law.
A direct contempt may be punished summarily, for which an order shall be made reciting the facts as occurring in the immediate view and presence of the court and adjudging the person proceeded against to be guilty of a contempt, and the person be punished as therein specified. Punishment may consist of a fine or imprisonment or both.
In cases of constructive contempt, an affidavit of the facts constituting the contempt shall be presented to the court, who may either issue a warrant of arrest to bring the person charged to answer or, without a pervious arrest, upon notice, or upon an order to show cause, which may be served in the same manner as a summons in an action, the court may commit the person to jail, impose a fine, or both, and make such order thereupon as the case may require.
When the person arrested has been brought into court, or has appeared, the court shall investigate the charge by examining the person and the witnesses for and against the person, for which an adjournment may be had from time to time, if necessary.
Upon the evidence so taken, the court shall determine the guilt or innocence of the person proceeded against and, if the person is adjudged guilty of the contempt charge, the person shall be punished by a fine of not more than $250.00, or by imprisonment for not more than six (6) months, or by both. In cases of the person's inability to pay the fine or endure the imprisonment, the person may be relieved by the court in such manner and upon such terms as may be just.
When the contempt consists in the omission to perform an act which is yet in the power of the person to perform, the person may be imprisoned until the person performs it, and in such cases the act shall be specified in the warrant of commitment.