Rule 42. Contempt

(a) Types. — Criminal contempts of court are of two kinds, direct and indirect. (1) Direct. — Direct contempts are those occurring in the immediate view and presence of the court, including but not limited to the following acts: (A) Disorderly, contemptuous or insolent behavior, tending to interrupt the due course of a trial or other judicial proceedings; (B) A breach of the peace, boisterous conduct, or violent disturbance, tending to interrupt the business of the court; and (C) Refusing to be sworn or to answer as a witness. (2) Indirect (Constructive). — Indirect (constructive) contempts are those not committed in the immediate presence of the court, and of which it has no personal knowledge, including but not limited to the following acts or omissions: (A) Misbehavior in office, or other willful neglect or violation of duty, by an attorney, court administrator, sheriff, coroner, or other person appointed or elected to perform a judicial or ministerial service; (B) Deceit or abuse of the process or proceedings of the court by a party to an action or special proceeding; (C) Disobedience of any lawful judgment, order, or process of the court; (D) Acting as or assuming to be an attorney or other officer of the court without such authority; (E) Rescuing any person or property in the custody of an officer by virtue of an order or process of the court; (F) Unlawfully detaining a witness or party to an action while going to, remaining at, or returning from the court where the action is to be tried; (G) Any other unlawful interference with the process or proceedings of a court; (H) Disobedience of a subpoena duly served; (I) When summoned as a juror in a court, neglecting to attend or serve, improperly conversing with a party to an action to be tried at the court or with any person relative to the merits of the action, or receiving a communication from a party or other person in reference to it, and failing to immediately disclose the same to the court; (J) Disobedience, by an inferior tribunal or officer, of the lawful judgment, order, or process of a superior court proceeding in an action or special proceeding, in any court contrary to law after it has been removed from its jurisdiction, or disobedience of any lawful order or process of a judicial officer; and (K) Willful failure or refusal to pay a penalty assessment levied pursuant to statute. (b) Direct contempt proceedings. — A criminal contempt may be punished summarily if the judge saw or heard the conduct constituting the contempt and the conduct occurred in the immediate view and presence of the court. It may be dealt with immediately or, if done without unnecessary delay and to prevent further disruption or delay of ongoing proceedings, may be postponed to a more convenient time. The judgment of guilt of contempt shall include a recital of those facts upon which the adjudication is based. Prior to the adjudication of guilt the judge shall inform the accused of the accusation and afford the accused an opportunity to show why the accused should not be adjudged guilty of contempt and sentenced therefor. The accused shall be given the opportunity to present evidence of excusing or mitigating circumstances. The judgment shall be signed by the judge and entered of record. Sentence shall be pronounced in open court and reduced to writing, signed by the judge and entered of record. Rule 32 shall not apply to judgment and sentencing for direct contempt. (c) Indirect (constructive) contempt proceedings. — A criminal contempt, except as provided in subdivision (b) concerning direct contempt, shall be prosecuted in the following manner: (1) Order to Show Cause. — On the court’s motion or upon affidavit of any person having knowledge of the facts, a judge may issue and sign an order directed to the accused, stating the essential facts constituting the criminal contempt charged and requiring the accused to appear before the court and show cause why the accused ought not be held in contempt of court. The order shall specify the time and place of the hearing, with a reasonable time allowed for preparation of a defense. (2) Motions; Answer. — The accused, personally or by counsel, may move to dismiss the order to show cause, move for a statement of particulars or answer such order by way of explanation or defense. All motions and the answer shall be in writing unless specified otherwise by the judge. An accused’s omission to file motions or answer shall not be deemed as an admission of guilt of the contempt charged. (3) Order of Arrest; Bail. — If there is good reason to believe the accused will not appear in response to the order to show cause the judge may issue an order of arrest of the accused. The accused shall be admitted to bail in the manner provided by these rules. (4) Arraignment; Hearing. — The accused shall be arraigned at the time of the hearing, or prior thereto upon the request of the accused. A hearing to determine the guilt or innocence of the accused may follow a plea of not guilty or may be set for trial at a later date or time. The judge may conduct a hearing without assistance of counsel or may be assisted by the attorney for the state or by an attorney appointed by the court for that purpose. The accused is entitled to be represented by counsel, have compulsory process for the attendance of witnesses, and may testify in his own defense. Unless the charged contempt is tried to a jury as provided in subdivision (e), all issues of law and fact shall be heard and determined by the judge. (5) Disqualification of Judge. — If the contempt charged involves disrespect to or criticism of a judge, that judge is disqualified from presiding at the hearing and shall assign the matter to another judge. (6) Verdict; Judgment. — At the conclusion of the hearing the judge shall sign and enter of record a judgment of guilty or not guilty. In addition to the requirements of Rule 32, a judgment of guilt for contempt of court shall include a recital of the facts constituting the contempt. (7) Sentence. — Unless an accused may be sentenced to the penitentiary, a presentence investigation is not required but may be ordered. In other respects, Rule 32 shall apply to sentencing for contempt. (d) Punishment. — Punishment for contempt may not exceed the criminal jurisdiction of the court. A sanction for contempt of court may be imposed by a justice of the supreme court, a judge or commissioner of a district court, a circuit court judge or magistrate or a municipal judge. (e) Jury trial. — Sentence to imprisonment upon a conviction on a charge of criminal contempt shall not exceed a term of six months unless the accused shall have been afforded the right to trial by jury on the charge. (f) Other criminal or civil remedies. — An action for or adjudication of criminal contempt shall not limit nor be limited by any other criminal or civil remedies.