The courts and the judges thereof may issue attachment for contempt and punish them summarily only in the following cases: (a) Misbehavior in the presence of the court, or so near thereto as to obstruct or interrupt the administration of justice; (b) violence or threats of violence to a judge or officer of the court, or to a juror, witness, or party going to, attending or returning from the court, for or in respect of any act or proceeding had, or to be had, in such court; (c) misbehavior of an officer of the court, in his official character; (d) disobedience to or resistance of any officer of the court, juror, witness, or other person, to any lawful process, judgment, decree or order of the said court. No court shall, without a jury, for any such contempt as is mentioned in subdivision (a) of this section, impose a fine exceeding $50, or imprison more than ten days. But in any such case the court may impanel a jury (without an indictment or any formal pleading) to ascertain the fine or imprisonment proper to be inflicted, and may give judgment according to the verdict. No court shall impose a fine for contempt, unless the defendant be present in court, or shall have been served with a rule of the court to show cause, on some certain day, and shall have failed to appear and show cause.
Structure West Virginia Code
Chapter 61. Crimes and Their Punishment
Article 5. Crimes Against Public Justice
§61-5-1. Perjury and Subornation of Perjury Defined
§61-5-2. False Swearing Defined
§61-5-3. Penalties for Perjury, Subordination of Perjury, and False Swearing
§61-5-4. Bribery or Attempted Bribery; Penalty
§61-5-5. Demanding or Receiving Bribes; Penalty
§61-5-6. Receiving Bribe by Officer in Delay of Service of Process; Penalty
§61-5-9. Permitting Escape; Refusal of Custody of Prisoner; Penalties
§61-5-10. Persons in Custody of Institutions or Officers
§61-5-11. Escapes and Aiding in Escapes; Terms of Confinement in Addition to Previous Sentence
§61-5-12a. Escape From Custody of the Commissioner of Corrections
§61-5-12b. Escape From Custody of the Director of Juvenile Services
§61-5-13. Refusal of Officer to Make, or Delay in Making, Arrest; Penalty
§61-5-14. Refusal of Person to Aid Officer; Penalty
§61-5-15. Refusal of Person to Execute Order of Arrest by Justice; Penalty
§61-5-16. Refusal of Officer to Execute Act or Process of Legislature or Order of Governor; Penalty
§61-5-19. Compounding Offenses and Misprision; Penalties
§61-5-20. Exacting Excessive Fees; Penalty
§61-5-21. Issuing Fraudulent Fee Bills; Penalty
§61-5-22. Alteration, Concealment or Destruction of Public Record by Officer; Penalty
§61-5-23. Larceny, Concealment or Destruction of Public Record by Person Not Officer; Penalty
§61-5-24. Corrupt Summoning of Jurors to Find Biased Verdict; Penalty
§61-5-25. Procuring the Summoning of Biased Juror by Party Other Than Officer; Penalty
§61-5-25a. Discrimination Against Employee Summoned for Jury Duty; Penalty
§61-5-26. Contempt of Court; What Constitutes Contempt; Jury Trial; Presence of Defendant
§61-5-28. Failure to Perform Official Duties; Penalty
§61-5-29. Failure to Meet an Obligation to Pay Support to a Minor; Penalties