Wash. Rev. Code » Title 7 · Chapter 7.21
Revised Code of Washington

Wash. Rev. Code § 7.21.040 (2026)

✓ current as of May 2026 Cite as: Wash. Rev. Code § 7.21.040 (2026)
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(1) Except as otherwise provided in RCW 7.21.050, a punitive sanction for contempt of court may be imposed only pursuant to this section.
(2)(a) An action to impose a punitive sanction for contempt of court shall be commenced by a complaint or information filed by the prosecuting attorney or city attorney charging a person with contempt of court and reciting the punitive sanction sought to be imposed.
(b) If there is probable cause to believe that a contempt has been committed, the prosecuting attorney or city attorney may file the information or complaint on his or her own initiative or at the request of a person aggrieved by the contempt.
(c) A request that the prosecuting attorney or the city attorney commence an action under this section may be made by a judge presiding in an action or proceeding to which a contempt relates. If required for the administration of justice, the judge making the request may appoint a special counsel to prosecute an action to impose a punitive sanction for contempt of court.
A judge making a request pursuant to this subsection shall be disqualified from presiding at the trial.
(d) If the alleged contempt involves disrespect to or criticism of a judge, that judge is disqualified from presiding at the trial of the contempt unless the person charged consents to the judge presiding at the trial.
(3) The court may hold a hearing on a motion for a remedial sanction jointly with a trial on an information or complaint seeking a punitive sanction.
(4) A punitive sanction may be imposed for past conduct that was a contempt of court even though similar present conduct is a continuing contempt of court.
(5) If the defendant is found guilty of contempt of court under this section, the court may impose for each separate contempt of court a fine of not more than five thousand dollars or imprisonment for up to three hundred sixty-four days, or both.
[ 2011 c 96 s 3; 2009 c 37 s 1; 1989 c 373 s 4.]

Notes:

Findings—Intent—2011 c 96: See note following RCW 9A.20.021.
Notes of Decisions
Cited in 48 cases (8 in the last 5 years), 1995–2026 · leading case: In Re Dependency of AK
Sort: Relevance Newest Treatment
In Re Dependency of AK (2007) wash · cites it 10× “¶ 20 In this case, the juvenile court commissioner did not specifically find that one of the statutory remedies available to him was *19 inadequate: criminal contempt of court, under RCW 7.21.040. Under that statute, a court may impose punitive sanctions of up to $5,000, up to…”
In re the Dependency of A.K. (2007) wash · cites it 10× “¶20 In this case, the juvenile court commissioner did not specifically find that one of the statutory remedies available to him was inadequate: criminal contempt of court under RCW 7.21.040. Under that statute, a court may impose punitive sanctions of up to $5,000, up to one…”
In re the Interest of Silva (2009) wash · cites it 7× “Additionally, the commissioner found statutory punitive contempt sanctions, under RCW 7.21.040, unavailable. Due to the inadequacy or unavailability of statutory sanctions, the commissioner invoked his inherent contempt authority to impose a punitive sanction.”
In Re Silva (2009) wash · cites it 7× “Additionally, the commissioner found statutory punitive contempt sanctions, under RCW 7.21.040, unavailable. Due to the inadequacy or unavailability of statutory sanctions, the commissioner invoked his inherent contempt authority to impose a punitive sanction.”
In Re Mowery (2007) washctapp · cites it 5× “[13] The information or complaint that commences the action must charge contempt and must recite the punitive sanction sought to be imposed.”
In re the Interest of Mowery (2007) washctapp · cites it 5× “¶22 Washington’s criminal contempt statute, RCW 7.21.040, provides that a punitive sanction for contempt of court may be imposed only in a separate action initiated by a public prosecutor.”
State v. Hobble (1995) wash · cites it 4× “Nor can the contempt adjudication be upheld under the punitive sanctions provisions in RCW 7.21.040, which permits fines up to $1,000 or jail terms for not more than 1 year, or both.”
State v. A.L.H. (2003) washctapp · cites it 4× “030’s stated penalty for ARY violations 7 is a criminal penalty that can be imposed only after granting a juvenile full constitutional protections following the State’s filing of a criminal contempt charge under RCW 7.21.040. Thus, as things now stand, the legislature has…”
In Re Dependency of AK (2005) washctapp · cites it 4× “The statutory civil remedial contempt powers, as found at RCW 13.”
State v. Wadsworth (2000) wash · cites it 2× “[70] RCW 7.21.040(2)(a) and (5). [71] RCW 7.21.”
State v. Wadsworth (2000) wash · cites it 2× “RCW 7.21.040(2) (a) and (5). RCW 7.21.010(1).”
In re the Dependency of A.K (2005) washctapp · cites it 3× “¶30 Pursuant to RCW 7.21.040(2)(a), an action to impose a punitive sanction for contempt must be commenced by a complaint or information filed by the prosecuting attorney or city attorney.”
Show all 48 citing cases →
— Wash. Rev. Code § 7.21.040(1) — 5 cases
In Re Mowery (2007) washctapp “[13] The information or complaint that commences the action must charge contempt and must recite the punitive sanction sought to be imposed.”
In re the Interest of Mowery (2007) washctapp “¶22 Washington’s criminal contempt statute, RCW 7.21.040, provides that a punitive sanction for contempt of court may be imposed only in a separate action initiated by a public prosecutor.”
In Re The Marriage Of: Katrina L. Beardslee v. Steven F. Beardslee, Jr. (2016) washctapp
Michaela Osborne Nka Fellows v. Charles Fellows (2016) washctapp
State of Washington v. Eduardo S. Martinez (2021) washctapp
— Wash. Rev. Code § 7.21.040(2) — 8 cases
State v. A.L.H. (2003) washctapp “030’s stated penalty for ARY violations 7 is a criminal penalty that can be imposed only after granting a juvenile full constitutional protections following the State’s filing of a criminal contempt charge under RCW 7.21.040. Thus, as things now stand, the legislature has…”
State v. Wadsworth (2000) wash “RCW 7.21.040(2) (a) and (5). RCW 7.21.010(1).”
Dcyf v. State Of Washington & Damion Diaz (2018) washctapp
State v. ALH (2003) washctapp
State v. Anthony Jason Sims (DSHS-appellant) (2017) washctapp
— Wash. Rev. Code § 7.21.040(2)(5) — 1 case
State v. ALH (2003) washctapp
— Wash. Rev. Code § 7.21.040(2)(a) — 18 cases
State v. Hobble (1995) wash “Nor can the contempt adjudication be upheld under the punitive sanctions provisions in RCW 7.21.040, which permits fines up to $1,000 or jail terms for not more than 1 year, or both.”
State v. Wadsworth (2000) wash “[70] RCW 7.21.040(2)(a) and (5). [71] RCW 7.21.”
In re the Dependency of A.K (2005) washctapp “¶30 Pursuant to RCW 7.21.040(2)(a), an action to impose a punitive sanction for contempt must be commenced by a complaint or information filed by the prosecuting attorney or city attorney.”
Smith v. Whatcom County District Court (2002) wash
In Re Dependency of AK (2005) washctapp “The statutory civil remedial contempt powers, as found at RCW 13.”
— Wash. Rev. Code § 7.21.040(2)(c) — 6 cases
In Re Mowery (2007) washctapp “[13] The information or complaint that commences the action must charge contempt and must recite the punitive sanction sought to be imposed.”
In re the Interest of Mowery (2007) washctapp “¶22 Washington’s criminal contempt statute, RCW 7.21.040, provides that a punitive sanction for contempt of court may be imposed only in a separate action initiated by a public prosecutor.”
In Re Dependency of AK (2007) wash “¶ 20 In this case, the juvenile court commissioner did not specifically find that one of the statutory remedies available to him was *19 inadequate: criminal contempt of court, under RCW 7.21.040. Under that statute, a court may impose punitive sanctions of up to $5,000, up to…”
In re the Dependency of A.K. (2007) wash “¶20 In this case, the juvenile court commissioner did not specifically find that one of the statutory remedies available to him was inadequate: criminal contempt of court under RCW 7.21.040. Under that statute, a court may impose punitive sanctions of up to $5,000, up to one…”
Jon Granbois v. Andrea Coviello (2023) washctapp
— Wash. Rev. Code § 7.21.040(5) — 8 cases
In Re Dependency of AK (2007) wash “¶ 20 In this case, the juvenile court commissioner did not specifically find that one of the statutory remedies available to him was *19 inadequate: criminal contempt of court, under RCW 7.21.040. Under that statute, a court may impose punitive sanctions of up to $5,000, up to…”
In re the Dependency of A.K. (2007) wash “¶20 In this case, the juvenile court commissioner did not specifically find that one of the statutory remedies available to him was inadequate: criminal contempt of court under RCW 7.21.040. Under that statute, a court may impose punitive sanctions of up to $5,000, up to one…”
In re Victor Marshall (II) (2023) nm
In re the Dependency of A.K (2005) washctapp “¶30 Pursuant to RCW 7.21.040(2)(a), an action to impose a punitive sanction for contempt must be commenced by a complaint or information filed by the prosecuting attorney or city attorney.”
In Re Dependency of AK (2005) washctapp “The statutory civil remedial contempt powers, as found at RCW 13.”
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