Summary disposition of direct contempts

(a) FINDING. The court may summarily find in contempt any person who commits a direct contempt, immediately notifying the person of such finding. The judge shall cause to be prepared a written order reciting the grounds for the finding, including a statement that the judge observed the conduct constituting the contempt. The order shall be signed by the judge and entered of record. (b) MITIGATION. The court shall apprise the person of the specific conduct on which the finding is based and give that person a reasonable opportunity to present evidence or argument regarding excusing or mitigating circumstances. No decision concerning the punishment to be imposed shall be made during the course of the proceeding at which the contempt occurs, unless prompt punishment is imperative to achieve immediate vindication of the court’s dignity and authority. (c) SENTENCE. Sentence shall be pronounced in open court, in the presence of the contemnor, unless presence has been waived under Rule 9.1(b), not later than the latter of seven (7) days after completion of all proceedings under this rule, or the completion of the proceeding during which the contemptuous conduct occurred, unless pronounced under section (b). Committee Comments