2.1016 Contempt of an investigating committee.

Cite as [A.S.C.A. § 2.1016 ]

(a) A person shall be in contempt if he:

(1) fails or refuses to appear before the committee in compliance with a subpoena or, having appeared, fails or refuses to testify under oath or affirmation;

(2) fails or refuses to answer any relevant question or fails or refuses to furnish any relevant book, paper, or other document subpoenaed by or on behalf of an investigating committee;

(3) commits any other act or offense against an investigating committee which, if committed against the Legislature or either house thereof, would constitute a contempt.

(b) An investigating committee may, by majority vote of all of its members, apply for a contempt citation to the single House which created it or, in the case of a joint committee or a committee created by law, to both Houses. The application shall be considered as though the alleged contempt had been committed in or against the entire House or Houses of the Legislature itself. If the investigating committee is an interim committee, its application shall be made to the High Court.

History: 1977, PL 15-56;amd 1980, PL 16-90 § 4; amd 1988, PL 20-78.

Amendments: 1980 Amended to conform to penalties provided for in Title 46, Criminal Justice.

Case Notes:

Committee’s failure to comply with rule requiring separate written rules constitutes justification for refusal of witness to answer questions, despite the fact that refusal was based on relevancy, not on lack of rules, and court’s lack of finding that such non-compliance was either material or prejudicial Senate Select Investigating Committee v. Horning. 3 A.S.R.2d 14 (1986).