Section 4-322 - Constructive criminal contempt. - Maryland Statutes

§ 4-322. Constructive criminal contempt.
 

(a)  General rights of accused.- A person who is charged with constructive criminal contempt for a violation of injunctive relief in a case that involves or grows out of a labor dispute is entitled: 

(1) to pretrial release as provided for defendants in criminal cases; 

(2) to notice of the accusation; 

(3) to a reasonable time to make a defense; and 

(4) except for an officer of the court who is charged with disobedience, misbehavior, or other misconduct in respect to process of the court, on demand, to a speedy and public trial by an impartial jury from the judicial district where the contempt is alleged to have been committed. 

(b)  Recusal.-  

(1) Whenever the charge of constructive criminal contempt arises from an attack on the character or conduct of a judge, the defendant is entitled to recusal of the judge if the defendant files a demand for recusal before the hearing on the charge. 

(2) Whenever a defendant files a timely demand for recusal: 

(i) the judge may not proceed further; and 

(ii) the presiding judge of the court shall designate another judge as a replacement. 

(c)  Penalties.-  

(1) A person who is guilty of constructive criminal contempt in a labor case is subject to a fine not exceeding $100 or imprisonment not exceeding 15 days or both. 

(2) A person who is imprisoned for failure to pay a fine imposed under this subsection shall be discharged: 

(i) after 15 days; or 

(ii) if also imprisoned for a definite period, 15 days after the end of the period. 
 

[An. Code 1957, art. 100, §§ 72, 73; 1991, ch. 8, § 2.]