Direct Contempt

(a) Summary Imposition of Sanctions. The court against which a direct civil or criminal contempt has been committed may summarily impose sanctions on the person who committed it if: (1) the presiding judge has personally perceived the conduct constituting the contempt and has personal knowledge of the identity of the person committing it; (2) the contempt has interrupted the order of the court or interfered with the dignified conduct of the court’s business; and (3) the punishment imposed does not exceed thirty (30) days incarceration or a fine of One-Hundred Dollars ($100.00). The court shall afford the alleged contemnor an opportunity, consistent with the circumstances then existing, to present exculpatory or mitigating evidence. If the court summarily finds and announces on the record that direct contempt has been committed, the court may defer imposition or execution of sanctions until the conclusion of the proceeding during which the contempt was committed. (b) Order of Contempt. Either before sanctions are imposed, or promptly thereafter, the court shall issue a written order stating, or shall state on the record, that a direct contempt has been committed and specifying: (1) whether the contempt is civil or criminal; (2) the evidentiary facts known to the court from the judge’s own personal knowledge concerning the conduct constituting the contempt and, regarding any relevant evidentiary facts not so known, the basis of the court’s findings; 166 (3) the sanction imposed for the contempt; (4) in the case of civil contempt, how the contempt may be purged; and (5) in the case of criminal contempt, if the sanction is incarceration, a determinate term. (c) Review and Record. (1) Review. The contemnor may seek review by appeal or by writ of habeas corpus, if appropriate. (2) Record. The appellate record in cases of direct contempt in which sanctions have been summarily imposed shall consist of: (1) the order of contempt; and, if the proceeding during which the contempt occurred was recorded, a transcript of that part of the proceeding; and (2) any evidence admitted in the proceeding. (d) No Summary Imposition of Sanctions. In any proceeding involving a direct contempt for which the court determines not to impose sanctions summarily, the judge shall issue a written order specifying the evidentiary facts within the personal knowledge of the judge respecting the conduct constituting the contempt and the identity of the contemnor. Thereafter, the proceeding shall be conducted pursuant to Rule 32.3 or Rule 32.4, whichever is applicable, and