N.Y. Judiciary Law § 751: Punishment for criminal contempts

§ 751. Punishment for criminal contempts. 1. Except as provided in

subdivisions (2), (3) and (4), punishment for a contempt, specified in

section seven hundred fifty, may be by fine, not exceeding one thousand

dollars, or by imprisonment, not exceeding thirty days, in the jail of

the county where the court is sitting, or both, in the discretion of the

court. Where the punishment for contempt is based on a violation of an

order of protection issued under section 530.12 or 530.13 of the

criminal procedure law, imprisonment may be for a term not exceeding

three months. Where a person is committed to jail, for the nonpayment of

a fine, imposed under this section, he must be discharged at the

expiration of thirty days; but where he is also committed for a definite

time, the thirty days must be computed from the expiration of the

definite time.

Such a contempt, committed in the immediate view and presence of the

court, may be punished summarily; when not so committed, the party

charged must be notified of the accusation, and have a reasonable time

to make a defense.

2. (a) Where an employee organization, as defined in section two

hundred one of the civil service law, wilfully disobeys a lawful mandate

of a court of record, or wilfully offers resistance to such lawful

mandate, in a case involving or growing out of a strike in violation of

subdivision one of section two hundred ten of the civil service law, the

punishment for each day that such contempt persists may be by a fine

fixed in the discretion of the court. In the case of a government exempt

from certain provisions of article fourteen of the civil service law,

pursuant to section two hundred twelve of such law, the court may, as an

additional punishment for such contempt, order forfeiture of the rights

granted pursuant to the provisions of paragraph (b) of subdivision one,

and subdivision three of section two hundred eight of such law, for such

specified period of time, as the court shall determine or, in the

discretion of the court, for an indefinite period of time subject to

restoration upon application, with notice to all interested parties,

supported by proof of good faith compliance with the requirements of

subdivision one of section two hundred ten of the civil service law

since the date of such violation, such proof to include, for example,

the successful negotiation, without a violation of subdivision one of

section two hundred ten of the civil service law, of a contract covering

the employees in the unit affected by such violation; provided, however,

that where a fine imposed pursuant to this subdivision remains wholly or

partly unpaid, after the exhaustion of the cash and securities of the

employee organization, such forfeiture shall be suspended to the extent

necessary for the unpaid portion of such fine to be accumulated by the

public employer and transmitted to the court. In fixing the amount of

the fine and/or duration of the forfeiture, the court shall consider all

the facts and circumstances directly related to the contempt, including,

but not limited to: (i) the extent of the wilful defiance of or a

resistance to the court's mandate (ii) the impact of the strike on the

public health, safety, and welfare of the community and (iii) the

ability of the employee organization to pay the fine imposed; and the

court may consider (i) the refusal of the employee organization or the

appropriate public employer, as defined in section two hundred one of

the civil service law, or the representatives thereof, to submit to the

mediation and fact-finding procedures provided in section two hundred

nine of the civil service law and (ii) whether, if so alleged by the

employee organization, the appropriate public employer or its

representatives engaged in such acts of extreme provocation as to

detract from the responsibility of the employee organization for the

strike. In determining the ability of the employee organization to pay

the fine imposed, the court shall consider both the income and the

assets of such employee organization.

(b) In the event membership dues and sums equivalent to dues are

collected by the public employer as provided respectively in paragraph

(b) of subdivision one and subdivision three of section two hundred

eight of the civil service law, the books and records of such public

employer shall be prima facie evidence of the amount so collected.

(c) (i) An employee organization appealing an adjudication and fine

for criminal contempt imposed pursuant to subdivision two of this

section, shall not be required to pay such fine until such appeal is

finally determined.

(ii) The court to which such an appeal is taken shall, on motion of

any party thereto, grant a preference in the hearing thereof.

3. (a) Where a union or hospital wilfully disobeys a lawful mandate of

a court of record, or wilfully offers resistance to such lawful mandate,

in a case involving or growing out of a violation of section seven

hundred thirteen of the labor law, the punishment for each day that such

contempt persists may be by a fine fixed in the discretion of the court.

In fixing the amount of such fine, the court shall consider all the

facts and circumstances directly related to the contempt, including, but

not limited to: (i) the extent of the wilful defiance of, or resistance

to, the court's mandate (ii) the impact of the strike or lockout on the

public health, safety and welfare of the community and (iii) the ability

of the union or hospital to pay the fine imposed; and the court may

consider (i) the refusal of the union or hospital, or the

representatives thereof, to submit to or comply with, the fact-finding

and arbitration procedures provided in section seven hundred sixteen of

the labor law. In determining the ability of the union or hospital to

pay the fine imposed, the court shall consider both the income and the

assets of such union or hospital.

(b) A union or hospital appealing an adjudication and fine for

criminal contempt imposed pursuant to this subdivision, shall not be

required to pay such fine until such appeal is finally determined. The

court to which such an appeal is taken shall, on motion of any party

thereto, grant a preference in the hearing thereof.

(c) As used in this subdivision, "union" shall mean any labor

organization or company union as defined in section seven hundred one of

the labor law, and "hospital" shall mean any non-profit-making hospital

or residential care center as defined in that section.

4. Where any person wilfully disobeys a lawful mandate of the supreme

court issued pursuant to subdivision twelve of section sixty-three of

the executive law, the punishment for each day that such contempt

persists may be by a fine fixed in the discretion of the court, but not

to exceed five thousand dollars per day. In fixing the amount of the

fine, the court shall consider all the facts and circumstances directly

related to the contempt, including, but not limited to: (i) the extent

of the wilful defiance of or resistance to the court's mandate, (ii) the

amount of gain obtained by the wilful disobedience of the mandate, and

(iii) the effect upon the public of the wilful disobedience.

5. Where any member of the news media as defined in subdivision two of

section two hundred eighteen of this chapter, willfully disobeys a

lawful mandate of a court issued pursuant to such section, the

punishment for each day that such contempt persists may be by a fine

fixed in the discretion of the court, but not to exceed five thousand

dollars per day or imprisonment, not exceeding thirty days, in the jail

of the county where the court is sitting or both, in the discretion of

the court. In fixing the amount of the fine, the court shall consider

all the facts and circumstances directly related to the contempt,

including, but not limited to: (i) the extent of the willful defiance of

or resistance to the court's mandate, (ii) the amount of gain obtained

by the willful disobedience of the mandate, and (iii) the effect upon

the public and the parties to the proceeding of the willful

disobedience.