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 Rule 42(a) states in full: A criminal contempt may be punished summarily if the judge certifies that the judge saw or heard the conduct constituting the contempt and that it was committed in the actual presence of the court. The order of contempt shall recite the facts and shall be signed by the judge and entered of record. 


A judge's order must certify that the district judge 'saw or heard' the conduct constituting the contempt. Thus, under Rule 42(a), the order cannot serve as a basis for a summary criminal contempt conviction if it does not make such a certification. The trial transcript cannot serve as a certification of the district court's actual knowledge. Although a transcript may cast some light on the proceedings, to be valid a summary contempt conviction under Rule 42(a) must be supported by a certificate that satisfies the requirements of the rule by clearly identifying the specific facts constituting the contempt and by stating that the judge 'saw or heard' the contemptuous conduct. United States v. Marshall, 451 F.2d 372, 376-77 (9th Cir. 1971). 


There are importance of procedural safeguards mandated in summary criminal contempt proceedings. The summary ...

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