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Miss. R. Crim. P. 32.3

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Rule 32.3 Indirect Criminal Contempt; Commencement; Prosecution

Part 32: Contempt

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Rule Text

(a) Nature of the Proceedings. All criminal contempts not adjudicated pursuant to Rule 32.2 shall be prosecuted by means of a written motion or on the court’s own initiative.

(b) Disqualification of the Judge. Indirect criminal contempt charges shall be heard by a judge other than the trial judge.

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

When someone is accused of disrespecting or disobeying a court outside the judge's direct view (this is called "indirect criminal contempt"), the case has to start in one of two ways. Either someone files a written motion asking the court to address the behavior, or the court itself decides to start the process on its own.

This type of contempt case cannot be handled by the same judge who was involved in the original situation. A different judge, one who was not part of the trial or event where the contempt happened, must hear the case. This keeps things fair, since the judge who witnessed or was affected by the behavior does not get to decide the punishment. Instead, a neutral judge looks at the facts and makes the decision.

Committee Notes

Comment Section (a) provides that criminal contempts that are not, or cannot be, tried summarily in accordance with Rule 32.2 must be tried pursuant to the provisions of Rule 32.3, i.e., under the procedures established by these Rules for the trial of other criminal offenses. See Dennis v. Dennis, 824 So. 2d 604, 609 (Miss. 2002) (“A defendant in [indirect] contempt proceedings is entitled to notice and is entitled to be informed of the nature and cause of the accusation, of his rights to be heard, to counsel, to call witnesses, to an unbiased judge, to a jury trial, and against self-incrimination, and that he is presumed innocent until proven guilty beyond reasonable doubt.”). Section (a) requires contempt proceedings to be prosecuted by written motion or on the court’s own initiative.

Section (b) requires that a new judge hold a hearing to determine the guilt of the contemnor, as well as to impose punishment, whenever the nature of the contemptuous conduct involves indirect criminal contempt. See Mississippi Comm’n on Jud. Performance v. Harris, 131 So. 3d 1137, 1142 n.6 (Miss. 2013); Corr v. State, 97 So. 3d 1211, 1216 (Miss. 2012). But see Purvis v. Purvis, 657 So. 2d 794, 798 (Miss. 1994) (citing Mayberry v. Pennsylvania, 400 U.S. 455, 463-64, 91 S. Ct. 499, 504, 27 L. Ed. 2d 532 (1971)) (“[d]irect contempt may be handled by the sitting judge instantly, although it is wise for

a judge faced with personal attacks who waits till the end of the proceedings to have another judge take his place”).

← Previous Rule 32.2: Direct Contempt Next → Rule 32.4: Indirect Civil Contempt