Vizcaino v. Commonwealth

Rule 43 of the Massachusetts Rules of Criminal Procedure, 378 Mass. 919 (1979), narrowly defines the circumstances in which a judge may summarily punish the offense of criminal contempt of court. Summary punishment may not be imposed, for instance, if the punishment exceeds three months’ imprisonment or a fine of $500. Id. Where summary contempt is unavailable, the contempt must be referred for prosecution by complaint or indictment pursuant to Mass. R. Crim. P. 44, 378 Mass. 920 (1979), and the defendant is entitled to a trial by jury. See Commonwealth v. Eresian, 389 Mass. 165, 170 (1983).

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