Section 71.1 Failure of fiduciary to perform dutiesA fiduciary who fails to perform his or her duties or comply with an order of the court shall be subject to removal, disallowance of fees, surcharge, contempt of court and other sanctions permitted by law. In addition, a fiduciary who is an attorney who fails to perform duties as a fiduciary or comply with an order of the court shall be subject to sanction under C.G.S. section 51-84.
(C.G.S. section 45a-242.)
Section 71.2 Capias to compel attendanceOn motion of a party or on the court's own motion, the court may issue a capias to authorize a proper officer to arrest and bring before the court an individual who has failed to comply with a subpoena.
(C.G.S. sections 45a-129, 52-143, 52144 and 52-148e; Probate Court Rules, section 61.11.)
Section 71.3 Types of contemptAn individual misbehaving or disobeying an order of a judge during a hearing or conference may be found to be in summary criminal contempt under section 71.5 or civil contempt under section 71.7 or may be referred for prosecution for nonsummary criminal contempt under section 71.6.
(C.G.S. sections 51-33 and 51-33a, Middlebrook v. State, 43 Conn. 257 (1876); Probate Court Rules, section 16.11.)
Section 71.4 Audio recording of contempt hearingThe court shall make an audio recording of a contempt hearing.
(Probate Court Rules, rule 65.)
Section 71.5 Summary criminal contempt(a) Summary criminal contempt is misbehavior in the presence of the court that is directed against the dignity and authority of the court and obstructs the orderly administration of justice.(b) The court shall adjudicate summary criminal contempt at the time of the act, provided that the court may recess before conducting the contempt hearing. The court shall inform the defendant of the contempt charges and afford the defendant the opportunity to present evidence and argument as to why the defendant should not be found guilty of contempt.(c) If the court finds by clear and convincing evidence that the defendant is guilty of summary criminal contempt, the court shall immediately impose a sentence of not more than $100 for each act of contempt. (C.G.S. section 51-33.)
Section 71.6 Nonsummary criminal contempt(a) Nonsummary criminal contempt is misbehavior that is directed against the dignity and authority of the court when:(1) the misbehavior does not obstruct the orderly administration of justice;(2) the court has become personally embroiled;(3) the misconduct did not occur in the presence of the court; or(4) the court does not immediately impose summary criminal contempt.(b) The court shall refer a matter involving nonsummary criminal contempt to the state's attorney for prosecution in the Superior Court in the manner provided in Connecticut Practice Book section 1-18. (C.G.S. section 51-33a.)
Section 71.7 Civil contempt(a) Civil contempt is a remedy for violation of a court order.(b) A party seeking an order of civil contempt shall file a motion identifying the order that has been violated, stating the reasons why the court should order sanctions and describing the efforts made to secure compliance with the order. The court may initiate a civil contempt proceeding on its own motion.(c) The party seeking an order of civil contempt shall send a copy of the motion to each party and attorney of record and certify to the court that the copy has been sent.(d) If the court finds by clear and convincing evidence that the person who is the subject of the motion violated a clear and unambiguous court order of which the person had actual knowledge, the court may impose sanctions to ensure compliance with the order and compensate another party for loss. The sanctions shall be coercive and nonpuni-tive and may include fines.(e) If violation ofan order renders the order unenforceable, the court may refer the matter for nonsummary criminal contempt under section 71.6.Adopted November 7, 2012, effective 7/1/2013.