Templeton v. Hurtado

Before imposing a sanction for direct contempt, a court must give the contemnor the opportunity to speak in mitigation of the contempt. Here, immediately upon finding the defendant in direct contempt for refusing to sign a no-contact order, the municipal court imposed a 30-day sentence. The court’s failure to give the defendant an opportunity to speak in mitigation requires reversal of the sentence and a remand for resentencing. Because the order of contempt does not recite the facts, entry of written findings is also required on remand.

FACTS

On March 24, 1997, Judge Michael Hurtado of King…