RULE 15-203. DIRECT CIVIL AND CRIMINAL CONTEMPT
West's Annotated Code of MarylandMaryland Rules
MD Rules, Rule 15-203
RULE 15-203. DIRECT CIVIL AND CRIMINAL CONTEMPT
(a) Summary Imposition of Sanctions. The court against which a direct civil or criminal contempt has been committed may impose sanctions on the person who committed it summarily if (1) the presiding judge has personally seen, heard, or otherwise directly perceived the conduct constituting the contempt and has personal knowledge of the identity of the person committing it, and (2) the contempt has interrupted the order of the court and interfered with the dignified conduct of the court's business. The court shall afford the alleged contemnor an opportunity, consistent with the circumstances then existing, to present exculpatory or mitigating information. If the court summarily finds and announces on the record that direct contempt has been committed, the court may defer imposition of sanctions until the conclusion of the proceeding during which the contempt was committed.
Cross reference: As to possible constitutional limitations on summary imposition of sanctions, including the right to jury trial and the right to counsel, see Codispoti v. Pennsylvania, 418 U.S. 506 (1974); Bloom v. Illinois, 391 U.S. 194, 202 (1968); Cheff v. Schnackenberg, 384 U.S. 373 (1966); Kawamura v. State, 299 Md. 276, 292 (1984); Wilkins v. State, 293 Md. 335 (1982); Dorsey v. State, 56 Md.App. 54 (1983).
Committee note: Sanctions may be imposed immediately upon the finding of the contempt, or, in the court's discretion, may be deferred to a later time in the proceeding. Deferral of a sanction does not affect its summary nature. The sanction remains summary in nature in that no hearing is required; the court simply announces and imposes the sanction.
(d) Record. The record in cases of direct contempt in which sanctions have been summarily imposed shall consist of (1) the order of contempt; (2) if the proceeding during which the contempt occurred was recorded, a transcript of that part of the proceeding; and (3) any affidavits offered or evidence admitted in the proceeding.”
Source: This Rule is derived from former Rule P3.
Credits
[Adopted June 5, 1996, eff. Jan. 1, 1997. Amended Dec. 10, 1996, eff. Jan. 1, 1997.]
MD Rules, Rule 15-203, MD R SPEC P Rule 15-203
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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