State v. Martina

This case presents the primary question whether a district court judge possesses the authority to sanction misconduct which occurs in his presence through direct criminal contempt, and also addresses a number of related procedural issues. For the reasons stated herein, we hold that a district court judge does have such authority, and vacate and remand so that a hearing may be held after the contemnor has received proper notice.

On August 16, 1990, the matter of State v. Theresa Sestito was scheduled for trial in the Pittsfield District Court. The contemnor, who was counsel for Ms. Sestito, did…