Joint Rules Title: JR6 Chapter: 2



            JR6-2-304.   Contempt of the Legislature.

            (1) (a) The following actions constitute contempt of the Legislature in relation to actions and proceedings under this title:

            (i) disobedience to a direction of the commission chair;

            (ii) disobedience to a direction of an ethics committee chair;

            (iii) failure to answer a question during a hearing when directed to do so by:

            (A) the commission chair, unless the direction is overridden by the commission under JR6-2-302;

            (B) an ethics committee chair, unless the direction is overridden by the committee under JR6-2-302; or

            (C) a majority of the commission or committee;

            (iv) failure to comply with a subpoena or other order issued under authority of this title;

            (v) violation of privacy provisions established by JR6-3-102;

            (vi) violation of the communication provisions established by JR6-2-306;

            (vii) violation of a request to comply with a provision of this title by a chair or a majority of the members of the commission or committee; or

            (viii) any other ground that is specified in statute or recognized at common law.

            (b) Because the purpose of the Fifth Amendment privilege not to incriminate oneself is to prevent prosecution for criminal action, it is improper for a witness to invoke the Fifth Amendment privilege if the witness cannot be prosecuted for the crime to which the witness's testimony relates.

            (2) (a) The following persons may authorize an enforcement action against a person in contempt of the Legislature under the provisions of this title:

            (i) the commission chair, subject to the provisions of JR6-2-302;

            (ii) members of the commission, by means of a majority vote;

            (iii) an ethics committee chair, subject to the provisions of JR6-2-302; or

            (iv) members of an ethics committee, by means of a majority vote.

            (b) In initiating and pursuing an action against an individual for contempt of the Legislature, the plaintiff shall comply with the procedures and requirements of Section 36-14-5.