Art. 224.Constructive Contempt

Title I. Courts · Chapter 4. Power and Authority · Enacted 2004 · no amendments on record · Last verified July 30, 2026

In one sentenceArticle 224 defines constructive contempt as any contempt other than a direct one and lists eleven specific categories, including willful disobedience of a court order, abuse of court process, improper juror communication, prejudicial media comment on a pending case, and making false statements to obtain child-support enforcement services.

Full Text of Art. 224

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A constructive contempt of court is any contempt other than a direct one.

Any of the following acts constitutes a constructive contempt of court:

(1) Wilful neglect or violation of duty by a clerk, sheriff, or other person elected, appointed, or employed to assist the court in the administration of justice;

(2) Wilful disobedience of any lawful judgment, order, mandate, writ, or process of the court;

(3) Removal or attempted removal of any person or property in the custody of an officer acting under authority of a judgment, order, mandate, writ, or process of the court;

(4) Deceit or abuse of the process or procedure of the court by a party to an action or proceeding, or by his attorney;

(5) Unlawful detention of a witness, party, or his attorney, while going to, remaining at, or returning from the court where the action or proceeding is to be tried;

(6) Improper conversation by a juror or venireman with a party to an action which is being, or may be, tried by a jury of which the juror is a member, or of which the venireman may be a member, or with any person relative to the merits of such an action; or receipt by a juror or venireman of a communication from any person with reference to such an action, without making an immediate disclosure to the court of the substance thereof;

(7) Assuming to act as a juror, or as an attorney or other officer of the court, without lawful authority;

(8) Comment by a newspaper or other medium for the dissemination of news upon a case or proceeding, then pending and undecided, which constitutes a clear, present, and imminent danger of obstructing or interfering with the orderly administration of justice, by either influencing the court to reach a particular decision, or embarrassing it in the discharge of its judicial duties;

(9) Wilful disobedience by an inferior court, judge, or other officer thereof, of the lawful judgment, order, mandate, writ, or process of an appellate court, rendered in connection with an appeal from a judgment or order of the inferior court, or in connection with a review of such judgment or order under a supervisory writ issued by the appellate court; and

(10) Any other act or omission punishable by law as a contempt of court, or intended to obstruct or interfere with the orderly administration of justice, or to impair the dignity of the court or respect for its authority, and which is not a direct contempt.

(11) Knowingly making a false statement or representation of a material fact or knowingly failing to disclose a material fact in order to apply for or receive support enforcement services for the purpose of securing an order of paternity, child support, medical support, an income assignment order, or a notice of income assignment against another person.

Amendment History

Acts 2004, No. 159, §1, eff. 6/10/2004.

Plain-English Summary

Article 224 covers the other half of Article 221’s division: any contempt that is not a direct one. Because this conduct happens outside the judge’s immediate view, the article lists specific categories so that a person cannot be held in constructive contempt for conduct the law has not identified as such.

The listed categories reach a range of conduct. Several concern officers of the court and parties: willful neglect of duty by a clerk, sheriff, or other court employee; willful disobedience of a lawful judgment, order, mandate, writ, or process; removing a person or property from an officer’s custody under court authority; and deceit or abuse of court process by a party or an attorney. Others concern the trial process itself: unlawful detention of a witness, party, or attorney traveling to or from court; improper communication between a juror or venireperson and a party, or an undisclosed outside communication about the case; and someone acting as a juror, attorney, or court officer without authority to do so.

Still others reach outside influences and specific abuses: media comment on a pending, undecided case that poses a clear, present, and imminent danger of influencing the court or interfering with justice; willful disobedience by a lower court or its officer of an appellate court’s mandate; a catch-all for other conduct that obstructs justice or defies the court’s authority and is not direct contempt; and, most specifically, knowingly making a false statement or omitting a material fact to obtain support enforcement services tied to paternity, child support, or an income assignment order. What unifies the list is that each category requires proof beyond what a judge observed directly — which is why Article 225 requires notice and a hearing before anyone can be punished under this article.

Frequently Asked Questions

What is constructive contempt?

Article 224 defines it as any contempt other than a direct one — conduct that obstructs justice or defies the court’s authority outside the judge’s immediate presence, falling into one of eleven listed categories.

Is disobeying a court order constructive contempt?

Willful disobedience of a lawful judgment, order, mandate, writ, or process of the court is one of the categories Article 224 lists, and courts require proof that the violation was intentional, knowing, and without justifiable excuse.

Can a newspaper commit contempt by writing about a pending case?

Article 224(8) covers comment on a pending, undecided case only where it poses a clear, present, and imminent danger of obstructing justice by influencing the court or embarrassing it in its duties — a narrow standard, not ordinary news coverage.

Does lying to get child support enforcement services count as contempt?

Yes. Article 224(11) makes it constructive contempt to knowingly make a false statement, or knowingly omit a material fact, to obtain support enforcement services related to paternity, child support, medical support, or an income assignment order.

Source & verification. Article text is reproduced verbatim from the vLex (Louisiana Code of Civil Procedure, 2026 Edition). Enacted by the Louisiana Legislature. Last verified July 30, 2026. · Official source

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