RULE 8.285. CRIMINAL CONTEMPT

(a) Direct Contempt. A contempt may be punished
summarily if the court saw or heard the conduct constituting the
contempt committed in the presence of the court. The judgment of
guilt of contempt must include a recital of those facts upon which
the adjudication of guilt is based. Prior to the adjudication of guilt
the court must inform the person accused of the accusation and
inquire as to whether there is any cause to show why he or she
should not be adjudged guilty of contempt by the court and
sentenced. The accused must be given the opportunity to present
evidence of excusing or mitigating circumstances. The judgment
must be signed by the court and entered of record. Sentence must
be pronounced in open court.

(b) Indirect Contempt. An indirect contempt must be
prosecuted in the following manner:

(1) Order to Show Cause. The court on its own motion
or upon affidavit of any person having knowledge of the facts may
issue and sign an order directed to the one accused of contempt,
stating the essential facts constituting the contempt charged and
requiring the accused to appear before the court to show cause why
he or she should not be held in contempt of court. The order must
specify the time and place of the hearing, with a reasonable time
allowed for the preparation of a defense after service of the order on
the one accused. It must be served in the same manner as a
summons. Nothing herein shall be construed to prevent the one
accused of contempt from waiving the service of process.

(2) Motions; Answer. The accused, personally or by
counsel, may move to dismiss the order to show cause, move for a
statement of particulars, or answer such order by way of
explanation or defense. All motions and the answer must be in
writing unless specified otherwise by the court. The accused’s
omission to file a motion or answer shall not be deemed an
admission of guilt of the contempt charged.

(3) Order of Arrest; Bail. The court may issue an order
of arrest of the one accused of contempt if the court has reason to
believe the accused will not appear in response to the order to show
cause. The accused is entitled to bail in the manner provided by law
in criminal cases.

(4) Arraignment; Hearing. The accused may be
arraigned at the hearing, or prior thereto upon request. A hearing to
determine the guilt or innocence of the accused must follow a plea
of not guilty. The court may conduct a hearing without assistance
of counsel or may be assisted by the state attorney or by an
attorney appointed for the purpose. The accused is entitled to be
represented by counsel, have compulsory process for the
attendance of witnesses, and may testify in his or her own defense.
All issues of law and fact must be determined by the court.

(5) Disqualification of the Judge. If the contempt
charged involves disrespect to or criticism of a judge, the judge
must be disqualified by the chief judge of the circuit.

(6) Verdict; Judgment. At the conclusion of the hearing
the court must sign and enter of record a judgment of guilty or not
guilty. There should be included in a judgment of guilty a recital of
the facts constituting the contempt of which the accused has been
found and adjudicated guilty.

(7) Sentence. Prior to the pronouncement of sentence
the court must inform the accused of the accusation and judgment
against him or her and inquire as to whether there is any cause to
show why sentence should not be pronounced. The accused must
be afforded the opportunity to present evidence of mitigating
circumstances. The sentence must be pronounced in open court
and in the presence of the one found guilty of contempt.