Rule 42 Criminal Contempt

(a) Summary Disposition. A criminal contempt may be punished summarily if the judge certifies that he or she saw or heard the conduct constituting the contempt and that it was committed in the actual presence of the court. The order of contempt must recite the facts and be signed by the judge and entered of record.

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

(1) Notice. The court must give the person notice in open court subsequently memorialized in a written entry, 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;

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

(D) state whether any term of imprisonment, a term of imprisonment of more than two years, or a fine of more than $1,000 may be imposed upon conviction; and

(E) inform the defendant of his or her right to be represented by counsel, and to request the assignment of counsel at state expense if he or she is financially unable to retain counsel.

(2) Appointing a Prosecutor. The court must request that the contempt be prosecuted by the Attorney General or a state’s attorney, unless the interest of justice requires the appointment of another attorney. If the Attorney General or a state’s attorney declines the request, the court may appoint another attorney to prosecute the contempt.

(3) Trial and Disposition. The defendant is entitled to a trial by jury and to pretrial release as provided in these rules. If the contempt charged involves disrespect to or criticism of a judge, that judge is disqualified from presiding at the trial or hearing except with the defendant’s consent. Upon a verdict or finding of guilt the court must enter an order fixing the punishment.