Commonwealth v. Brunnell

Rule 43(a) of the Massachusetts Rules of Criminal Procedure, 376 Mass. 919 (1979), which applies to the District and Superior Courts, specifies the limited circumstances in which summary proceedings can be invoked to prosecute criminal contempt. The rule provides that summary proceedings (e.g., dispensing with formal charges and an evidentiary hearing) may be utilized only if the instant adjudication is necessary to maintain order in the courtroom, and (1) the contemptuous conduct occurred in the presence of a judge or the court; (2) contempt proceedings take place without delay; and (3) the *424p…