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STATE v. JENKINS12/12/1997
of court must be proceeded against only as prescribed in K.S.A. Chap. 20, Art. 12. Informalities in procedure are not permissible.").
Does a district judge have the inherent power to punish for contempt of court as an alternative to K.S.A. 20-1201 et seq.? The consistency of our cases over time, emphasizing legislative regulation of contempt, signals the answer. The power to punish for contempt of court does not arise from legislative action, but is inherent in the court itself. Cyr v. Cyr, 249 Kan. 94, 99, 815 P.2d 97 (1991). However, the practical effect is that no inherent power to punish for contempt exists in the district court independent of legislative regulation under K.S.A. 20-1201 et seq. If we were to hold otherwise, we would not only trespass on precedent but also endorse an unlimited inherent powers exception that could override regulation under K.S.A. 20-1201 et seq., thus creating an unbridled power in individual judges to impose punishment.
We now turn to Johnson's actions. Kansas courts> have regarded a witness' or party's unauthorized absence from a trial or hearing as contempt of court. See State v. Anders, 64 Kan. 742, 68 P. 668 (1902) (reversing judgment of conviction of contempt for failure to appear to testify as a subpoenaed witness at a trial); State v. Miller, 15 Kan. App. 2d 566, 572, 811 P.2d 1256 (1991) ("Furthermore, the court could also find the defendants in contempt of court for failure to appear when ordered. K.S.A. 20-1201 et seq.").
Unauthorized absence and tardiness are the sanctioned activities here. Appellate courts> in other jurisdictions have treated absence or tardiness as contempt of court. See Annot., Attorney's Failure to Attend Court, or Tardiness, as Contempt, 13 A.L.R.4th 122. We
consider Johnson's fine to have been imposed in a contempt proceeding.
For an informative outline to assist any judge when confronted with a possible contempt situation, see 1 ABA Standards for Criminal Justice, Use of the Contempt Power, Standards 6-4.1, 6-4.5 (2d ed. 1980).
In a unique action of this type, we have a dual standard of review. We apply a de novo review to determine whether the alleged conduct is contemptuous. See State v. Pondexter, 225 Kan. 425, 429, 590 P.2d 1074 (1979). We apply an abuse of discretion standard in reviewing the sanctions imposed. See Edmiston v. First Nat'l Bank of Holcomb, 242 Kan. 13, 15, 744 P.2d 829 (1987).
Applicable Statutory Requirements
K.S.A. 20-1201 divides contempts of court into two classes, direct and indirect, to be "proceeded against only as hereinafter prescribed."
K.S.A. 20-1202 defines direct and indirect contempts: " ontempts committed during the sitting of the court or of a judge at chambers, in its or his presence, are direct contempts. All others are indirect contempts."
K.S.A. 20-1203, the direct contempt statute, provides:
" direct contempt may be punished summarily, without written accusation against the person arraigned, but if the court or judge in chambers shall adjudge him guilty thereof a judgment shall be entered of record, in which shall be specified the conduct constituting such contempt, with a statement of whatever defense or extenuation the accused offered thereto, and the sentence of the court thereon."
We discussed the distinction between direct and indirect contempt in Pondexter:
"To constitute direct criminal contempt of a court there must be some open and intended disrespect to the judge or the court officers in the presence of the judge, or such conduct in or near the court as to interrupt or interfere with court proceedings then
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