Judgment — Penalty.
Upon the answer and evidence taken, the court or judge must determine whether the person proceeded against is guilty of the contempt charged, and if it be adjudged that he is guilty of the contempt, a fine may be imposed on him not exceeding five thousand dollars ($5,000), or he may be imprisoned not exceeding five (5) days, or both; provided that a person who is guilty of contempt for neglecting to attend or serve as a juror when summoned to do so, or for failing to appear as a prospective juror when summoned by the jury commission under section 2-208(4), Idaho Code, shall be fined in an amount not exceeding five hundred dollars ($500), or may be imprisoned not exceeding five (5) days, or both; and except that if the contempt of which the defendant be adjudged guilty be a disobedience of a judgment or order for the support of minor children, he may be imprisoned not exceeding thirty (30) days in addition to such fine, under this section, as the court may impose. Additionally, the court in its discretion, may award attorney’s fees and costs to the prevailing party.
Notes of Decisions
Camp v. East Fork Ditch Co., Ltd., 55 P.3d 304 (Idaho 2002).
· cites it 18× “Under Idaho Code § 7-610 , contempt can be punished by a fine of up to $5,000 and/or by incarceration in jail for up to five days, unless the contempt is nonpayment of child support in which case the jail sentence can be up to thirty days.”
Judy Charney v. Dennis Charney, 356 P.3d 355 (Idaho 2015).
· cites it 32× “” Rule 75(m) of the Idaho Rules of Civil Procedure states: In any contempt proceeding, the court may award the prevailing party costs and reasonable attorney fees under Idaho Code § 7-610 , regardless of whether the court imposes a civil sanction, a criminal sanction, or no…”
Abell v. Abell, 534 P.3d 957 (Idaho 2023).
· cites it 14× “§ 7-611, or a criminal sanction, I.C. § 7-610. Therefore, if a contemnor is barred from raising the affirmative defense of 17 a present inability to comply with the order violated under Rule 75(h)(1)(B) due to waiver, the only potential sanction later allowed by due process is a…”
Amy Slane v. Stephen Adams, 311 P.3d 286 (Idaho 2013).
· cites it 8× “The possible criminal contempt sanctions are set forth in Idaho Code section 7-610. Id. They are a determinate fine and/or a determinate jail *278 sentence.”
Conley v. Whittlesey, 888 P.2d 804 (Idaho Ct. App. 1995).
· cites it 12× “Pursuant to I.C. § 7-610, and upon Conley's admission that he had not complied with the August 16, 1991, order, the district court found Conley in contempt by order dated April 23, 1991.”
Watson v. Weick, 127 P.3d 178 (Idaho 2005).
· cites it 4× “Here, Idaho Code § 7-610 provides the possible penalties for contempt: Upon the answer and evidence taken, the court or judge must determine whether the person proceeded against is guilty of the contempt charged, and if it be adjudged that he is guilty of the contempt, a fine…”
Bald, Fat & Ugly, LLC v. Keane, 303 P.3d 166 (Idaho 2013).
· cites it 6× “” On January 8, 2012, the district court awarded BFU $5,000 in attorney fees pursuant to Idaho Code section 7-610 based upon it being the prevailing party in the contempt proceedings.”
Inland Grp. of Companies, Inc. v. Obendorff, 959 P.2d 454 (Idaho 1998).
· cites it 8× “At that time, the court had the inherent power to grant attorney fees up to the amount of $500 as a contempt sanction. See Ross v. Coleman Co., Inc., 114 Idaho 817 , 839, 761 P.”
Carr v. Pridgen, 335 P.3d 578 (Idaho 2014).
· cites it 6× “Carr argues that he is entitled to attorney fees pursuant to Idaho Code sections 7-610 and 12-121. Edgar claims, without argument, that she is entitled to attorney fees on appeal pursuant to paragraph seventeen of the parenting plan and Idaho Code section 7-610.”
Matter of Williams, 817 P.2d 139 (Idaho 1991).
· cites it 4× “This statement put Williams on notice that, if found in contempt, he could be sanctioned pursuant to I.C. § 7-610, which provides for a fine not to exceed $500.”
Smith v. Smith, 29 P.3d 956 (Idaho Ct. App. 2001).
· cites it 6× “Thus, the district court exceeded the limits of its discretion under I.C. § 7-610 by ordering that Vernon be incarcerated for more than five days.”
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