§ 128.Powers respecting conduct of proceedings; Contempt
Title 1. Organization and Jurisdiction · Chapter 6. General Provisions Respecting Courts of Justice · Article 2. Incidental Powers and Duties of Court · Last amended 2019 · Last verified July 28, 2026
In one sentenceSection 128 lists a court’s core powers to keep order and enforce its judgments, restricts when a judgment may be vacated by stipulated reversal, and gives attorneys, certain public-safety employees, and sexual-assault or domestic-violence victims found in contempt a short window to seek appellate review before a sentence is carried out.
(a)Every court shall have the power to do all of the following:
(1)To preserve and enforce order in its immediate presence.
(2)To enforce order in the proceedings before it, or before a person or persons empowered to conduct a judicial investigation under its authority.
(3)To provide for the orderly conduct of proceedings before it, or its officers.
(4)To compel obedience to its judgments, orders, and process, and to the orders of a judge out of court, in an action or proceeding pending therein.
(5)To control in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every matter pertaining thereto.
(6)To compel the attendance of persons to testify in an action or proceeding pending therein, in the cases and manner provided in this code.
(7)To administer oaths in an action or proceeding pending therein, and in all other cases where it may be necessary in the exercise of its powers and duties.
(8)To amend and control its process and orders so as to make them conform to law and justice. An appellate court shall not reverse or vacate a duly entered judgment upon an agreement or stipulation of the parties unless the court finds both of the following:
(A)There is no reasonable possibility that the interests of nonparties or the public will be adversely affected by the reversal.
(B)The reasons of the parties for requesting reversal outweigh the erosion of public trust that may result from the nullification of a judgment and the risk that the availability of stipulated reversal will reduce the incentive for pretrial settlement.
(b)Notwithstanding Section 1211 or any other law, if an order of contempt is made affecting an attorney, his or her agent, investigator, or any person acting under the attorney’s direction, in the preparation and conduct of any action or proceeding, the execution of any sentence shall be stayed pending the filing within three judicial days of a petition for extraordinary relief testing the lawfulness of the court’s order, the violation of which is the basis of the contempt except for the conduct as may be proscribed by subdivision (b) of Section 6068 of the Business and Professions Code, relating to an attorney’s duty to maintain respect due to the courts and judicial officers.
(c)Notwithstanding Section 1211 or any other law, if an order of contempt is made affecting a public safety employee acting within the scope of employment for reason of the employee’s failure to comply with a duly issued subpoena or subpoena duces tecum, the execution of any sentence shall be stayed pending the filing within three judicial days of a petition for extraordinary relief testing the lawfulness of the court’s order, a violation of which is the basis for the contempt. As used in this subdivision, “public safety employee” includes any peace officer, firefighter, paramedic, or any other employee of a public law enforcement agency whose duty is either to maintain official records or to analyze or present evidence for investigative or prosecutorial purposes.
(d)Notwithstanding Section 1211 or any other law, if an order of contempt is made affecting the victim of a sexual assault, where the contempt consists of refusing to testify concerning that sexual assault, the execution of any sentence shall be stayed pending the filing within three judicial days of a petition for extraordinary relief testing the lawfulness of the court’s order, a violation of which is the basis for the contempt. As used in this subdivision, “sexual assault” means any act made punishable by Section 261, 262, 264.1, 285, 286, 287, 288, or 289 of, or former Section 288a of, the Penal Code.
(e)Notwithstanding Section 1211 or any other law, if an order of contempt is made affecting the victim of domestic violence, where the contempt consists of refusing to testify concerning that domestic violence, the execution of any sentence shall be stayed pending the filing within three judicial days of a petition for extraordinary relief testing the lawfulness of the court’s order, a violation of which is the basis for the contempt. As used in this subdivision, the term “domestic violence” means “domestic violence” as defined in Section 6211 of the Family Code.
(f)Notwithstanding Section 1211 or any other provision of law, no order of contempt shall be made affecting a county government or any member of its governing body acting pursuant to its constitutional or statutory authority unless the court finds, based on a review of evidence presented at a hearing conducted for this purpose, that either of the following conditions exist:
(1)That the county has the resources necessary to comply with the order of the court.
(2)That the county has the authority, without recourse to voter approval or without incurring additional indebtedness, to generate the additional resources necessary to comply with the order of the court, that compliance with the order of the court will not expose the county, any member of its governing body, or any other county officer to liability for failure to perform other constitutional or statutory duties, and that compliance with the order of the court will not deprive the county of resources necessary for its reasonable support and maintenance.
Plain-English Summary
Subdivision (a) lists the basic tools every California court needs to function: the power to keep order during proceedings, compel obedience to its judgments and orders, control the conduct of its own officers and anyone connected with a case before it, compel witnesses to testify, administer oaths, and amend its own process and orders to conform to law. These are largely housekeeping powers, but the subdivision also does something more pointed — it restricts an appellate court from reversing or vacating an already-entered judgment because the parties have stipulated to a reversal, unless the court finds that no nonparty or public interest will likely be harmed and that the parties’ reasons for wanting the reversal outweigh the erosion of public trust that comes from erasing a judgment. That limit keeps parties from using a private settlement to wipe an inconvenient ruling off the books.
Subdivisions (b) through (e) add a due-process safeguard to the contempt power. When a court holds an attorney, a public-safety employee, a sexual-assault victim, or a domestic-violence victim in contempt for the specific conduct each subdivision describes — an attorney’s conduct in representing a client, a public-safety employee’s failure to comply with a subpoena, or either kind of victim’s refusal to testify about the assault or abuse — the sentence cannot be carried out right away. The person gets three judicial days to file a petition for extraordinary relief challenging the contempt order, and the sentence is stayed while that petition is pending. The attorney provision carries its own exception for conduct that violates an attorney’s duty under Business and Professions Code § 6068(b) to maintain respect toward the courts.
Subdivision (f) protects local government by limiting when a court can hold a county or one of its officials in contempt. A court cannot enter that kind of order unless it finds, after an evidentiary hearing, either that the county already has the resources to comply or that it has the authority to raise those resources without voter approval or new debt, without compromising its ability to meet its other constitutional or statutory obligations.
Official Comment
The following official comments are published by the California Law Revision Commission (and, for a few older sections, its predecessor Code Commissioners) alongside the statute itself — not commentary from this site.
1993 Law Revision Commission Comment. Subdivision (e) of Section 128 is amended to substitute a reference to the Family Code provision defining “domestic violence.” See Fam. Code § 6211 (“domestic violence” defined) & Comment.
Frequently Asked Questions
What is a “stipulated reversal” and why does Section 128 restrict it?
A stipulated reversal is an agreement between the parties asking an appellate court to reverse or vacate a judgment as part of a settlement. Section 128(a) allows this only if the court finds no likely harm to nonparties or the public, and that the parties’ reasons outweigh the loss of public trust that comes from erasing a judgment.
Can an attorney be jailed immediately after being held in contempt?
Under Section 128(b), execution of a contempt sentence against an attorney is stayed for three judicial days so the attorney can file a petition for extraordinary relief, unless the conduct also violates the attorney’s duty of respect toward the courts under Business and Professions Code § 6068(b).
Does Section 128 protect a domestic violence victim who refuses to testify?
Yes. Section 128(e) stays execution of a contempt sentence against a domestic violence victim for three judicial days so the victim can seek appellate review, when the contempt is based on refusing to testify about that violence.
Can a court hold a county in contempt for failing to fund a court order?
Only in limited circumstances. Section 128(f) bars a contempt order against a county government or its officials unless the court finds, after a hearing, that the county has the resources or the authority to raise them without voter approval or new debt.
What basic powers does Section 128 give a California court?
Section 128(a) lists powers including preserving order, compelling obedience to judgments and orders, controlling court officers, compelling witnesses to testify, administering oaths, and amending the court’s own process to conform to law.
Amendment History
Added Stats 1987 ch 3 § 2, effective March 11, 1987, operative March 11, 1989. Amended Stats 1991 ch 866 § 1 (AB 363); Stats 1992 ch 163 § 13 (AB 2641), operative January 1, 1994, ch 697 § 2 (SB 1559) (ch 697 prevails); Stats 1993 ch 219 § 63.3 (AB 1500); Stats 1999 ch 508 § 1 (AB 1676); Stats 2018 ch 423 § 7 (SB 1494), effective January 1, 2019.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
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