Contempt proceedings

(a) In general. The contempt power under Article 48 may be exercised by a judicial officer specified under subsection (a) of that article. (b) Method of disposition. (1) Summary disposition. When conduct constituting contempt is directly witnessed by the judicial officer during the proceeding, the conduct may be punished summarily; otherwise, the provisions of paragraph (b)(2) shall apply. If a contempt is punished summarily, the judicial officer shall ensure that the record accurately reflects the misconduct that was directly witnessed by the judicial officer during the proceeding. (2) Disposition upon notice and hearing. When the conduct apparently constituting contempt is not directly witnessed by the judicial officer, the alleged offender shall be brought before the judicial officer outside the presence of any members and informed orally or in writing of the alleged contempt. The alleged offender shall be given a reasonable opportunity to present evidence, including calling witnesses. The alleged offender shall have the right to be represented by counsel and shall be so advised. The contempt must be proved beyond a reasonable doubt before it may be punished. (c) Procedure. The judicial officer shall in all cases determine whether to punish for contempt and, if so, what the punishment shall be. The judicial officer shall also determine when during the court-martial or other proceeding the contempt proceedings shall be conducted. In the case of a court of inquiry, the judicial officer shall consult with the appointed legal advisor or a judge advocate before imposing punishment for contempt. (d) Record; review. (1) Record. A record of the contempt proceedings shall be part of the record of the court-martial or other proceeding during which it occurred. If the person was held in contempt, then a separate record of the contempt proceedings shall be prepared and forwarded for review in accordance with paragraph (2) or (3), as applicable. (2) Review by convening authority. If the contempt punishment was imposed by a court of inquiry, the contempt proceedings shall be forwarded to the convening authority for review. The convening authority may approve or disapprove the contempt finding and all or part of the sentence. The action of the convening authority is not subject to further review or appeal. (3) Review by Court of Criminal Appeals. If the contempt punishment was imposed by a military judge or military magistrate, the alleged offender may file an appeal to the Court of Criminal Appeals in accordance with the uniform rules of procedure for the Courts of Criminal Appeals. The Court of Criminal Appeals may set aside the finding or the sentence, in whole or in part. (e) Sentence. (1) In general. The place of confinement for a civilian or military person who is held in contempt and is to be punished by confinement shall be designated by the judicial officer who imposed punishment for contempt, in accordance with regulations prescribed by the Secretary concerned. A judicial officer who for contempt may delay imposes punishment announcing the sentence after a finding of contempt to permit the person involved to continue to participate in the proceedings. (2) Maximum punishment. If imposed by a court of inquiry, the maximum punishment that may be imposed for contempt is a fine of $500. Otherwise the maximum punishment that may be imposed for contempt is confinement for 30 days, a fine of $1,000, or both. (3) Execution of sentence when imposed by court of inquiry. A sentence of a fine pursuant to a finding of contempt by a court of inquiry shall not become effective until approved by the convening authority. (4) Execution of sentence when imposed by military judge or magistrate. (A) A sentence of confinement pursuant to a finding of contempt by a military judge or military magistrate shall begin to run when it is announced unless— (i) the person held in contempt notifies the judicial officer of an intent to file an appeal; and (ii) the judicial officer, in the exercise of the judicial officer’s discretion, defers the sentence pending action by the Court of Criminal Appeals under paragraph (d)(3). (B) A sentence of a fine pursuant to a finding of contempt by a military judge or military magistrate shall become effective when it is announced. (f) Informing person held in contempt. The person held in contempt shall be informed by the judicial officer in writing of the holding and sentence, if any, of the judicial officer, and of the applicable procedures and regulations concerning execution and review of the contempt punishment. The reviewing authority shall notify the person held in contempt and of the action of the reviewing authority upon the sentence. II-59