Miss. R. Crim. P. 32.3

History

Comment: Section (a) provides that criminal contempts that are not, or cannot be, tried summarily in accordance with Rule 32.2 must be tried pursuant to the provisions of Rule 32.3, i.e., under the procedures established by these Rules for the trial of other criminal offenses. See Dennis v. Dennis, 824 So. 2d 604, 609 (Miss. 2002) (“A defendant in [indirect] contempt proceedings is entitled to notice and is entitled to be informed of the nature and cause of the accusation, of his rights to be heard, to counsel, to call witnesses, to an unbiased judge, to a jury trial, and against self-incrimination, and that he is presumed innocent until proven guilty beyond reasonable doubt.”). Section (a) requires contempt proceedings to be prosecuted by written motion or on the court’s own initiative. Section (b) requires that a new judge hold a hearing to determine the guilt of the contemnor, as well as to impose punishment, whenever the nature of the contemptuous conduct involves indirect criminal contempt. See Mississippi Comm’n on Jud. Performance v. Harris, 131 So. 3d 1137, 1142 n.6 (Miss. 2013); Corr v. State, 97 So. 3d 1211, 1216 (Miss. 2012). But see Purvis v. Purvis, 657 So. 2d 794, 798 (Miss. 1994) (citing Mayberry v. Pennsylvania, 400 U.S. 455, 463-64, 91 S. Ct. 499, 504, 27 L. Ed. 2d 532 (1971)) (“[d]irect contempt may be handled by the sitting judge instantly, although it is wise for a judge faced with personal attacks who waits till the end of the proceedings to have another judge take his place”).