RULE 3.830. DIRECT CRIMINAL CONTEMPT

A criminal contempt may be punished summarily only if the court saw or heard the conduct constituting the contempt committed in the actual presence of the court. The court shall strictly comply with the following five procedural requirements.

(a)    Prior to the adjudication of guilt the judge shall inform the defendant of the accusation against the defendant and inquire as to whether the defendant has any cause to show why he or she should not be adjudged guilty of contempt by the court and sentenced therefor.

(b)    The court shall provide the defendant the opportunity to present evidence of excusing or mitigating circumstances.

(c)     The judgment of guilt of contempt shall include a recital of those facts on which the adjudication of guilt is based, and confirm compliance with the five procedural requirements of this rule.

(d)    The judgment shall be signed by the judge and entered of record.

(e)     Sentence shall be pronounced in open court.

If necessary to ensure safety of individuals in the courtroom, the court may order the defendant be temporarily detained and removed from the courtroom; however once the danger to individuals in the courtroom has abated, the defendant should be returned to the courtroom to allow for the procedures set forth in this rule.