Contempt is "a specific and substantive [common law] offense that is separate and distinct from the matter in litigation out of which the contempt arose." Town of Nottingham v. Cedar Waters, Inc., 118 N.H. 282, 285 (1978) (quotation omitted). The two classes of contempt – civil and criminal – are distinguished by the character and purpose of the possible punishment. While civil contempt is remedial and aims to coerce compliance with a court order for the benefit of the complainant, criminal contempt seeks to vindicate the dignity of the court by punishing the contemnor with a determinate sentence. See id. Criminal contempt proceedings arising out of civil litigation are between the public and the defendant. See id.
Generally, a proceeding for criminal contempt must satisfy the procedural requirements of a criminal proceeding. State v. Lieber, 146 N.H. __, __ , 767 A.2d 452, 454 (2001). The common law of this State, however, has not precluded the institution and prosecution of certain criminal complaints by private citizens within established limitations. See State (Haas Complainant) v. Rollins, 129 N.H. 684, 685 (1987). This common law principle, we believe, extends to the initiation and prosecution of a criminal contempt proceeding by a private attorney.