Rule 43 - Summary Contempt Proceedings(Applicable to District Court and Superior Court)
(a) When Warranted. A criminal contempt may be punished summarily when (1) summary punishment is necessary to maintain order in the courtroom;(2) the contemptuous conduct occurred in the presence of, and was witnessed by, the presiding judge;(3) the presiding judge enters a preliminary finding at the time of the contemptuous conduct that a criminal contempt occurred; and(4) the punishment for each contempt does not exceed three months imprisonment and a fine of $2,000.(b) Procedure.(1) Upon making a preliminary finding that a criminal contempt occurred, the presiding judge shall give the alleged contemnor notice of the charges and shall hold a hearing to provide at least a summary opportunity for the alleged contemnor to produce evidence and argument relevant to guilt or punishment. For good cause shown, the presiding judge may continue the hearing to enable the contemnor to obtain counsel or evidence.(2) The presiding judge may order the alleged contemnor held, subject to bail and/or conditions of release, pending the hearing provided for in subsection (b)(1) if the judge finds it necessary to maintain order in the courtroom or to assure the alleged contemnor's appearance. (3)(i) If, after the hearing provided for in subsection (b)(1), the presiding judge determines that summary contempt is not appropriate because the appropriate punishment for the alleged contempt exceeds three months imprisonment and a fine of $2,000, the judge shall refer the alleged contemnor for prosecution under Rule 44. If necessary to maintain order in the courtroom or to assure the alleged contemnor's appearance, the judge may order the alleged contemnor held, subject to bail and/or conditions of release, for a reasonable period of time, not to exceed 15 days absent good cause shown, pending the issuance of a complaint or indictment under Rule 44(a).(ii) If, after the hearing, the presiding judge determines that summary contempt is not appropriate because one or more of the requirements in subsection (a)(1), (a)(2), or (a)(3) is not satisfied, or for another reason, the judge shall discharge the alleged contemnor. The judge, in his or her discretion, may refer the matter to the government for investigation and possible prosecution, and nothing in this subsection shall preclude such investigation or prosecution, whether undertaken in response to the judge's referral or independently.(iii) If, after the hearing, the presiding judge determines that summary contempt is appropriate, the judge shall make a finding on the record of summary contempt, setting forth the facts upon which that finding is based. The court shall further announce a judgment of summary contempt in open court, enter that judgment on the court's docket, and notify the contemnor of the right to appeal. The judge may defer sentencing, or the execution of any disposition, where the interests of orderly courtroom procedure and substantial justice require. If necessary to maintain order in the courtroom or to assure the contemnor's appearance, the judge may order the contemnor held, subject to bail and/or conditions of release, pending sentencing.(c) Appeal. A contemnor may appeal a judgment of summary contempt to the Appeals Court.Amended February 22, 2022, effective 4/1/2022.Reporter's Notes--2022
The amendment to Rule 43(b)(3)(iii) implements the terminological change from "sentence" to "disposition" required by Commonwealth v. Beverly, 485 Mass. 1 (2020).