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Summary contempt proceedings are only available where the judge witnesses the contempt firsthand.

By Marks & Katz, LLC

Many make much fanfare about the United States criminal justice system's right for criminal defendants to remain silent, to have a trial, to be presumed innocent unless and until found guilty beyond a reasonable doubt, and the right to counsel.  However, the courts where I practice interpret the United States Constitution as not requiring the right to counsel, nor a trial for summary contempt proceedings where the judge witnesses the contemptuous behavior. Moreover, the Virginia Supreme Court last week confirmed that at summary contempt proceedings, within certain boundaries the judge may ask questions of the contempt suspect, without providing the right to counsel, and still leaving the judge to use the answers against the suspect. Scaldione v...continue to full post

Full post as published by Underdog on March 01, 2010 (boomark / email).