RULE 15-207. CONSTRUCTIVE CONTEMPT; FURTHER PROCEEDINGS
West's Annotated Code of MarylandMaryland Rules
MD Rules, Rule 15-207
RULE 15-207. CONSTRUCTIVE CONTEMPT; FURTHER PROCEEDINGS
(b) When Judge Disqualified. A judge who enters an order pursuant to Rule 15-204 or who institutes a constructive contempt proceeding on the court's own initiative pursuant to Rule 15-205(b)(1) or Rule 15-206(b)(1) and who reasonably expects to be called as a witness at any hearing on the matter is disqualified from sitting at the hearing unless (1) the alleged contemnor consents, or (2) the alleged contempt consists of a failure to obey a prior order or judgment in a civil action or a “judgment of restitution” as defined in Code, Criminal Procedure Article, § 11-601(g).
(1) Contempt of Appellate Court. Where the alleged contemnor is charged with contempt of an appellate court, that court, in lieu of conducting the hearing itself, may designate a trial judge as a special magistrate to take evidence and make recommended findings of fact and conclusions of law, subject to exception by any party and approval of the appellate court.
(2) Failure of Alleged Contemnor to Appear. If the alleged contemnor fails to appear personally at the time and place set by the court, the court may enter an order directing a sheriff or other peace officer to take custody of and bring the alleged contemnor before the court or judge designated in the order. If the alleged contemnor in a civil contempt proceeding fails to appear in person or by counsel at the time and place set by the court, the court may proceed ex parte.
(2) Order. When a court or jury makes a finding of contempt, the court shall issue a written order that specifies the sanction imposed for the contempt. In the case of a civil contempt, the order shall specify how the contempt may be purged. In the case of a criminal contempt, if the sanction is incarceration, the order shall specify a determinate term and any condition under which the sanction may be suspended, modified, revoked, or terminated.
Committee note: Sanctions for attorneys found to be in contempt for failure to pay child support may include referral to Bar Counsel pursuant to Rule 19-711. See Code, Family Law Article, § 10-119.3.
(2) Petitioner's Burden of Proof. Subject to subsection (3) of this section, the court may make a finding of contempt if the petitioner proves by clear and convincing evidence that the alleged contemnor has not paid the amount owed, accounting from the effective date of the support order through the date of the contempt hearing.
(3) When a Finding of Contempt May Not Be Made. The court may not make a finding of contempt if the alleged contemnor proves by a preponderance of the evidence that (A) from the date of the support order through the date of the contempt hearing the alleged contemnor (i) never had the ability to pay more than the amount actually paid and (ii) made reasonable efforts to become or remain employed or otherwise lawfully obtain the funds necessary to make payment, or (B) enforcement by contempt is barred by limitations as to each unpaid spousal or child support payment for which the alleged contemnor does not make the proof set forth in subsection (3)(A) of this section.
Cross reference: Code, Family Law Article, § 10-102.
(4) Order. Upon a finding of constructive civil contempt for failure to pay spousal or child support, the court shall issue a written order that specifies (A) the amount of the arrearage for which enforcement by contempt is not barred by limitations, (B) any sanction imposed for the contempt, and (C) how the contempt may be purged. If the contemnor does not have the present ability to purge the contempt, the order may include directions that the contemnor make specified payments on the arrearage at future times and perform specified acts to enable the contemnor to comply with the direction to make payments.
Committee note: Section (e) modifies the holding in Lynch v. Lynch, 342 Md. 509 (1996), by allowing a court to make a finding of constructive civil contempt in a support enforcement action even if the alleged contemnor does not have the present ability to purge. In support enforcement cases, as in other civil contempt cases, after making a finding of contempt, the court may specify imprisonment as the sanction if the contemnor has the present ability to purge the contempt.
If the contemnor does not have the present ability to purge the contempt, an example of a direction to perform specified acts that a court may include in an order under subsection (e)(4) is a provision that an unemployed, able-bodied contemnor look for work and periodically provide evidence of the efforts made. If the contemnor fails, without just cause, to comply with any provision of the order, a criminal contempt proceeding may be brought based on a violation of that provision.
Cross reference: See Arrington v. Department of Human Resources, 402 Md. 79 (2007).
Source: This Rule is derived in part from former Rule P4 c and d 2 and is in part new.
Credits
[Adopted June 5, 1996, eff. Jan. 1, 1997. Amended Dec. 10, 1996, eff. Jan. 1, 1997; Jan. 20, 1999, eff. July 1, 1999; Jan. 8, 2002, eff. Feb. 1, 2002; Sept. 10, 2009, eff. Oct. 1, 2009; Sept. 17, 2015, eff. Jan. 1, 2016; June 6, 2016, eff. July 1, 2016.]
MD Rules, Rule 15-207, MD R SPEC P Rule 15-207
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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