§ 8-2-109 — Rights of person charged with contempt

(1) In all cases where a
person is charged with indirect criminal contempt for violation of a protection order
or injunction issued by a court, the accused shall enjoy:

(a) The right as to admission to bail that is accorded to persons accused of
crime;

(b) The right to be notified of the accusation and a reasonable time to make a
defense, if the alleged contempt is not committed in the immediate view or
presence of the court;

(c) Upon demand, the right to a speedy and public trial by an impartial jury of
the judicial district wherein the contempt has been committed. This requirement
shall not be construed to apply to contempts committed in the presence of the
court or so near thereto as to interfere directly with the administration of justice or
to apply to the misbehavior, misconduct, or disobedience of any officer of the court
in respect to the writs, order, or process of the court.

(d) The right to file with the court a demand for the retirement of the judge
sitting in the proceeding, if the contempt arises from an attack upon the character
or conduct of such judge and if the attack occurred otherwise than in open court.
Upon the filing of any such demand, the judge shall proceed no further, but another
judge shall be designated by the presiding judge of said court. The demand shall be
filed prior to the hearing in the contempt proceeding.

Legislative History

Source: L. 33: p. 412, � 10. CSA: C. 97, � 85. CRS 53: � 80-4-9. C.R.S. 1963: � 80-11-9. L. 2003: IP(1) amended, p. 1009, � 9, effective July 1.