---
title: Ga. Const. Art. I, Sec. II, Para. IV. Contempts.
collection: code
id: ga-const:art-i-sec-ii-para-iv
cite_as: Ga. Const. Art. I, Sec. II, Para. IV
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# Ga. Const. Art. I, Sec. II, Para. IV. Contempts.

A constitution provision shown as in force is in force as printed in the volume. A court decision can make a printed provision unenforceable without changing the volume, and the volume does not record that.

The power of the courts to punish for contempt shall be limited by legislative acts.

## Cross References

Limits to contempt power of courts, §§ 5-6-13, 15-1-4, 15-2-8, and 38-2-1048. Power of courts to punish for contempt generally, § 15-9-34. Juvenile court, § 15-11-62. Refusal to testify treated as contempt, § 24-5-507. Failure to deliver ward’s property, § 29-2-80.

## Law Reviews

For article, ‘‘Jury Trials in Contempt Cases,’’ see 20 Ga. B.J. 297 (1957). For article, ‘‘Contempt of Court in Georgia,’’ see 23 Ga. St. B.J. 66 (1987).

## 1976 Constitution.

Art. I, Sec. II, Para. VI.

## Paragraph Only Gives Power to Prescribe Punishment.

This paragraph does not confer authority to define contempts, but only the power to prescribe the punishment after conviction. Cobb v. State, 187 Ga. 448, 200 S.E. 796, answer conformed to, 59 Ga. App. 695, 2 S.E.2d 116 (1939). herent in every court of record. Cobb v. State, 187 Ga. 448, 200 S.E. 796, answer conformed to, 59 Ga. App. 695, 2 S.E.2d 116 (1939); Wood v. State, 103 Ga. App. 305, 119 S.E.2d 261 (1961), rev’d on other grounds, 370 U.S. 375, 82 S. Ct. 1364, 8 L. Ed. 2d 569 (1962).

Power is not limited by legislative

## Power to Punish Contempts Is Ininaction.

The failure of the legislature to limit the punishment for contempt does not destroy the power. Swafford v. Berrong, 84 Ga. 65, 10 S.E. 593 (1889).

Contempt powers not limited by

## Constitutional Liberties.

The inherent power of the courts to punish any publication calculated to interfere with the administration of justice is not restricted by the constitutional guaranties of liberty of the press, for liberty of the press is subordinate to the independence of the judiciary and the proper administration of justice. McGill v. State, 209 Ga. 500, 74 S.E.2d 78 (1953).

Due process, freedom of speech, and equal protection clauses of the Constitution of the United States do not bar punishment for contempt of court. Wood v. State, 103 Ga. App. 305, 119 S.E.2d 261 (1961), rev’d on other grounds, 370 U.S. 375, 82 S. Ct. 1364, 8 L. Ed. 2d 569 (1962).

Contempt power not limited by free

## Speech.

Punishment for contempt of court is not prevented by the constitutional guaranty of freedom of speech, since contempt of court is an abuse of the liberty of speech. Wood v. State, 103 Ga. App. 305, 119 S.E.2d 261 (1961), rev’d on other grounds, 370 U.S. 375, 82 S. Ct. 1364, 8 L. Ed. 2d 569 (1962).

Contempt power not limited by

## Statute.

Former Code 1933, § 24-105 (see now O.C.G.A. § 15-1-4), insofar as it sought to limit the jurisdiction of a constitutional court to punish contempts to certain specified acts, was not binding upon such courts. They may go beyond the provisions of the statute in order to preserve and enforce their constitutional powers by treating as contempts acts which clearly invade them. Cobb v. State, 187 Ga. 448, 200 S.E. 796, answer conformed to, 59 Ga. App. 695, 2 S.E.2d 116 (1939); Wood v. State, 103 Ga. App. 305, 119 S.E.2d 261 (1961), rev’d on other grounds, 370 U.S. 375, 82 S. Ct. 1364, 8 L. Ed. 2d 569 (1962).

If the court is created by the Constitution, the legislature cannot, without express constitutional authority, define what are contempts, and declare that the court shall have jurisdiction over no acts except those specified. Cobb v. State, 187 Ga. 448, 200 S.E. 796, answer conformed to, 59 Ga. App. 695, 2 S.E.2d 116 (1939); Wood v. State, 103 Ga. App. 305, 119 S.E.2d 261 (1961), rev’d on other grounds, 370 U.S. 375, 82 S. Ct. 1364, 8 L. Ed. 2d 569 (1962).

No authority to award attorney’s

## Fees.

Trial court does not have authority to award attorney’s fees as punishment for contempt. Ragsdale v. Bryan, 235 Ga. 58, 218 S.E.2d 809 (1975).

Attorney fees are not awardable in conjunction with a citation for criminal contempt. Rolleston v. Cherry, 237 Ga. App. 733, 521 S.E.2d 1, cert. denied, 528 U.S. 1046, 120 S. Ct. 580, 145 L. Ed. 2d 482 (1999).

Contempt punishment improper

## When Act Related to Another Court.

A rule for contempt, based on a series of newspaper articles, is fatally defective when the publications complained of were true, related to a matter in another court and in no wise referred to the court issuing the rule when they could not have obstructed or impaired the administration of justice in the court. McGill v. State, 209 Ga. 500, 74 S.E.2d 78 (1953).

Cited in Pullen v. Cleckler, 162 Ga. 111, 132 S.E. 761 (1926); Brooks v. Sturdivant, 177 Ga. 514, 170 S.E. 369 (1933); Alred v. Celanese Corp. of Am., 205 Ga. 371, 54 S.E.2d 240 (1949); In re Pruitt, 249 Ga. 190, 288 S.E.2d 208 (1982).

## Paragraph Applicable Only to Punishment.

General Assembly is permitted by this paragraph to limit punishment for contempt, and this express grant of power to the General Assembly has been found applicable only to punishment and not to elimination of the judicial exercise of criminal contempt powers by the courts. 1979 Op. Att’y Gen. No. 79-36.

This power granted to the General Assembly is applicable to the prescribing of punishment after conviction only and may not be used to negate the inherent power of the courts to declare acts or deeds criminally contumacious. 1979 Op. Att’y Gen. No. 79-36.

Statute providing for forbearance

## From Punishment Could Be Enacted.

There appears to be no reason why a general statute providing for grants by the General Assembly of forbearance from punishment arising from contempt adjudication could not be enacted under this paragraph. 1979 Op. Att’y Gen. No. 79-36.

## Am. Jur. 2d.

17 Am. Jur. 2d, Contempt, § 1 et seq.

## C.j.s.

17 C.J.S., Contempt, § 1 et seq.

## Alr.

Limitations statute applicable to criminal contempt proceedings, 38 ALR2d 1131.

Right to counsel in contempt proceedings, 52 ALR3d 1002.

Attorney’s failure to attend court, or tardiness, as contempt, 13 ALR4th 122.

Intoxication of witness or attorney as contempt of court, 46 ALR4th 238.

Validity and construction of state court’s order precluding publicity or comment about pending civil case by counsel, parties, or witnesses, 56 ALR4th 1214.

Contempt: state court’s power to order indefinite coercive fine or imprisonment to exact promise of future compliance with court’s order — anticipatory contempt, 81 ALR4th 1008.