Can a Tennessee city court hold a defendant in contempt for failing to appear at a scheduled court date, and if so, what's the maximum punishment?

Subject

Opinion No. 11-17, Authority of a City Court to Punish for Contempt of Court, February 15, 2011

Plain-English summary

A state representative asked whether a Tennessee city court has authority to punish someone for contempt when the person fails to appear at a scheduled court date.

The AG answered yes, on these terms:

• Tenn. Code Ann. § 16-1-103 provides that "every court is vested with the power to punish for contempt." City courts fall within "every court" under this section. State ex rel. May v. Krichbaum, 278 S.W. 54, 54 (Tenn. 1925), confirmed that point as far back as 1925.
• "Contempt" is defined broadly as "any act which hinders, delays or obstructs the administration of justice." Winfree v. State, 135 S.W.2d 454, 455 (Tenn. 1940).
• Tenn. Code Ann. § 29-9-102 sets out the scope of the contempt power. The most relevant category, § 29-9-102(3), reaches "the willful disobedience or resistance of any officer of such courts, party, juror, witness, or any other person, to any lawful writ, process, order, rule, decree, or command of such courts." When someone is directed to appear by a writ, process, order, rule, decree, or command and willfully fails to appear, the failure can be punished as contempt.
• A failure-to-appear contempt is criminal in nature, because it punishes a past bad act rather than coerces future compliance.
• The punishment cap is in Tenn. Code Ann. § 16-18-306: contempt of a municipal court is punishable only by a fine of $50 or less.

The opinion is short. The legal architecture is well-settled: every court (including city courts) has contempt power, that power covers willful failure to appear, but for city/municipal courts the legislature has capped the sanction at $50. City courts cannot use contempt to impose jail time.

Currency note

This opinion was issued in 2011. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Does the city court need an order or summons in place before it can hold someone in contempt for missing court?

Yes. Tenn. Code Ann. § 29-9-102(3) reaches "willful disobedience" of a "lawful writ, process, order, rule, decree, or command of such courts." If the defendant was directed to appear by a summons, citation, or court order, that creates the predicate for contempt. If there is no underlying order or directive to appear, there is nothing to disobey.

What does "willful" mean?

The AG quoted the statute but did not define "willful." Under Tennessee law generally, "willful" in a contempt context means intentional and voluntary failure to comply, knowing of the obligation. An accidental, unintentional, or excusable failure to appear (sick, hospitalized, never received notice, etc.) is not willful and does not support contempt.

Why does the AG describe failure-to-appear contempt as "criminal"?

Tennessee distinguishes between civil contempt (used to coerce future compliance, such as jailing someone until they testify or produce a document) and criminal contempt (used to punish a past bad act). A failure-to-appear that has already happened cannot be coerced; it can only be punished. That makes it criminal contempt. The category matters for procedural protections in courts of general jurisdiction, though for city courts the substantive sanction cap of § 16-18-306 is the practical limit.

What is the maximum penalty?

A fine of $50 or less. Tenn. Code Ann. § 16-18-306 caps contempt of a municipal court at that amount. City courts cannot impose jail time for contempt and cannot exceed the $50 ceiling.

Can the city court issue a bench warrant for a defendant who failed to appear?

The 2011 opinion addresses the contempt punishment, not the procedural mechanics of bringing the defendant back into court. Bench warrants and capias are typical tools courts use to compel appearance, separate from punishing the past failure as contempt. A city court that wants to address a no-show can both issue a process to bring the defendant in and then assess a contempt fine when the defendant appears.

Does this rule apply to general sessions courts, circuit courts, and other courts?

The contempt-power source (Tenn. Code Ann. § 16-1-103) and the scope statute (§ 29-9-102) apply broadly to "every court." But the $50 cap in Tenn. Code Ann. § 16-18-306 is specific to municipal courts. Courts of general jurisdiction (general sessions, circuit, criminal) have broader contempt powers, including the ability to impose jail time, under other statutes and inherent authority.

Background and statutory framework

The Tennessee contempt framework rests on a layered set of statutes:

1. Tenn. Code Ann. § 16-1-103 is the omnibus contempt-power source: "For the effectual exercise of its powers, every court is vested with the power to punish for contempt, as provided for in this code." City courts are courts within the meaning of "every court." State ex rel. May v. Krichbaum, 152 Tenn. 416, 278 S.W. 54, 54 (1925).

2. Tenn. Code Ann. § 29-9-102 defines the scope of contemptible conduct. Subsection (3) reaches "the willful disobedience or resistance of any officer of such courts, party, juror, witness, or any other person, to any lawful writ, process, order, rule, decree, or command of such courts." A defendant who is directed to appear by a court's order or process, and who willfully fails to appear, falls within subsection (3).

3. Winfree v. State, 175 Tenn. 427, 135 S.W.2d 454, 455 (1940), defines contempt as "any act which hinders, delays or obstructs the administration of justice." The functional test is whether the defendant's conduct interferes with the court's work.

4. Tenn. Code Ann. § 16-18-306 is the specific cap on municipal-court contempt: contempt of a municipal court is punishable only by a fine of $50 or less.

The AG's classification of failure-to-appear contempt as criminal turns on the standard civil/criminal distinction: criminal contempt punishes past conduct; civil contempt coerces future compliance. A failure to appear at a past court date is a past act that has already occurred, so any sanction for it operates as punishment rather than coercion.

For courts of general jurisdiction, criminal contempt sanctions can include jail time (subject to constitutional procedural protections that apply more rigorously when the sanction exceeds certain thresholds). For municipal courts, the legislature has specifically limited the sanction to a $50 fine.

Citations

• Tenn. Code Ann. § 16-1-103 (every court has power to punish for contempt)
• Tenn. Code Ann. § 16-18-306 (cap on municipal-court contempt at $50)
• Tenn. Code Ann. § 29-9-102 (scope of contempt power)
• Tenn. Code Ann. § 29-9-102(3) (willful disobedience of lawful court order)
• Winfree v. State, 175 Tenn. 427, 135 S.W.2d 454 (1940)
• State ex rel. May v. Krichbaum, 152 Tenn. 416, 278 S.W. 54 (1925)

Source

• Landing page: https://www.tn.gov/attorneygeneral/opinions.html
• Original PDF: https://www.tn.gov/content/dam/tn/attorneygeneral/documents/ops/2011/op11-017.pdf

Original opinion text

Authority of a City Court to Punish for Contempt of Court

QUESTION

Does a city court have the authority to punish an individual for contempt of court when the person fails to appear in court for an appointed court date?

OPINION

Yes. A city court has the authority to punish an individual for contempt of court for failing to appear for an appointed court date when such failure constitutes the willful disobedience of any lawful writ, process, order, rule, decree, or command of the court. However, such contempt would be punishable only by a fine of $50.00.

ANALYSIS

Tennessee law recognizes the authority of courts to order punishment for acts of contempt: "[f]or the effectual exercise of its powers, every court is vested with the power to punish for contempt, as provided for in this code." Tenn. Code Ann. § 16-1-103. "Contempt" has been defined as "any act which hinders, delays or obstructs the administration of justice." Winfree v. State, 175 Tenn. 427, 135 S.W.2d 454, 455 (1940). The phrase "every court," as employed in Tenn. Code Ann. § 16-1-103, encompasses city courts. See State ex rel. May v. Krichbaum, 152 Tenn. 416, 278 S.W. 54, 54 (1925).

Tenn. Code Ann. § 29-9-102 defines the scope of the contempt power. It includes the power to punish the contemnor for the willful disobedience of any lawful writ, process, order, rule, decree, or command of the courts; as well as unlawful interference with the process or proceedings of the court. Tenn. Code Ann. § 29-9-102(3). When a person is directed by a court to appear by any writ, process, order, rule, decree, or command and willfully fails to appear, the court may punish the action as contempt.

Therefore, it is the opinion of this Office that, under the provisions of Tenn. Code Ann. § 16-1-103 and § 29-9-102, a city court may use the contempt power to punish defendants for failure to appear in court when such failure constitutes the willful disobedience of any lawful writ, process, order, rule, decree, or command of the court.

Punishing an individual for the contumacious act of failure to appear would be in the nature of criminal contempt, since it would seek to punish the past bad act of failing to appear, as opposed to the compelling of doing something by the contemnor. Pursuant to Tenn. Code Ann. § 16-18-306, contempt of a municipal court is punishable only by fine in the amount of $50 or less.

ROBERT E. COOPER, JR.
Attorney General and Reporter

GORDON W. SMITH
Associate Solicitor General

RACHEL E. WILLIS
Senior Counsel

Requested by:
The Honorable Craig Fitzhugh
State Representative
33 Legislative Plaza
Nashville, TN 37243-0157