IX. SUPPLEMENTAL AND SPECIAL PROCEEDINGS

217

Rule 42: Criminal Contempt.

(a) Summary Disposition. A judge may summarily punish a person who commits criminal contempt in the judge’s presence if the judge certifies that he or she saw or heard the conduct constituting the contempt. The contempt order shall recite the facts, be signed by the judge, and entered in the record.

(b) Disposition on Notice and Hearing. A criminal contempt shall be prosecuted on notice, except as provided in subdivision (a) of this rule.

(1) Content of Notice. The criminal contempt notice shall:

(A) state the time and place of the hearing;

(B) allow the defendant a reasonable time to prepare a defense; and

(C) state the essential facts constituting the criminal contempt charged and describe it as such.

(2) Form of Notice. The judge shall give the notice orally in open court in the presence of the defendant or, on application of the district attorney general or of an attorney appointed by the court for that purpose, by a show cause or arrest order.

(3) Release on Bail. The criminal contempt defendant is entitled to admission to bail as provided in these rules.

(4) Disqualification of Judge. When the contempt charged involves disrespect to or criticism of a judge, that judge is disqualified from presiding at the hearing, except with the defendant's consent.

(5) Punishment Order. If the court finds the defendant guilty of contempt, the court shall enter an order setting the punishment.

Advisory Commission Comment.

Rule 42 tracks some of the language of the federal rule. No right to a jury trial exists upon a state charge of criminal contempt under present law establishing the penalties for the offense.

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