Rule 42 Criminal Contempt
Rule Text
(a) Disposition After Notice. Any person who commits criminal contempt may be punished for that contempt after prosecution on notice.
(1) Notice. The court must give the person notice in open court, in an order to show cause, or in an arrest order. The notice must:
(A) state the time and place of the trial;
(B) allow the defendant a reasonable time to prepare a defense; and
(C) state the essential facts constituting the charged criminal contempt and describe it as such. (1a) Bail. Upon giving to the clerk of the court in which the contempt is being prosecuted, a good and sufficient bond or cash deposit in lieu thereof for appearance at the hearing, approved by a judicial officer of the court, the person charged with contempt shall be admitted to bail pending the hearing. (1b) Pleas. Where an order to show cause is made, the person charged with contempt may, not later than one day before the return day of the order, or within such time as the court may allow, serve an answer or an answering affidavit, or the person may plead orally at the hearing.
(2) Appointing a Prosecutor. The court must request that the contempt be prosecuted by an attorney for the government, unless the interest of justice requires the appointment of another attorney. If the government declines the request, the court must appoint another attorney to prosecute the contempt.
(3) Trial and Disposition. A person being prosecuted for criminal contempt is entitled to a jury trial in any case in which the law so provides. If the criminal contempt involves disrespect toward or criticism of a judicial officer, except as provided in part (b) of this Rule, that judicial officer is disqualified from presiding at the contempt trial or hearing unless the defendant consents. Upon a finding or verdict of guilty, the court must impose the punishment.
(b) Summary Disposition.
(1) Generally. Notwithstanding any other provision of these rules, a judicial officer may summarily punish a person who commits criminal contempt in the presence of the judge who saw or heard the contemptuous conduct and so certifies. The contempt order must recite the facts, be signed by the judge, and entered of record after the defendant is given an opportunity to be heard. The order shall be filed with the clerk.
(2) Breach of the Peace in the Presence of the Court. As provided in 5 V.I.C. § 4007, a person who, in the presence of any court, assaults or threatens to assault another, or to commit an offense against property of another, or who contends with another with angry words to the disturbance of the peace may be ordered by the court without warrant or other proof to give security to keep the peace in an amount not exceeding two thousand dollars.
Effective December 1, 2017 (Promulgation Order 2017-010)