3.15​Requirements for the Court’s Opinion and Order¹¹

As in all bench trials, the court is required in contempt proceedings to “find the facts specially, state separately its conclusions of law, and direct entry of the appropriate judgment.” MCR 2.517(A)(1). See also In re Contempt of Calcutt, 184 Mich App 749, 758 (1990); MCR 2.602 (procedure for entry of civil judgment); MCR 6.427 (procedure for entry of criminal judgment). “Brief, definite, and pertinent findings and conclusions on the contested matters are sufficient, without over elaboration of detail or particularization of facts.” MCR 2.517(A)(2). “The court may state the findings and conclusions on the record or include them in a written opinion.” MCR 2.517(A)(3).

In civil contempt cases, the court’s order of commitment must specify that “the imprisonment shall be terminated when the person performs the act or duty or no longer has the power to perform the act or duty . . . and pays the fine, costs, and expenses of the proceedings . . . .” MCL 600.1715(2).

In a summary contempt proceeding, “the court must [first] show—either through the existing transcript or through making a record—what occurred, i.e., the ‘evidence,’ similar to the evidence put forward by a prosecutor in a traditional criminal case.” In re Contempt of Murphy, ___ Mich ___, ___ (2025). “Second, it must also make findings as to how the actions that are alleged to have occurred constitute the offense of contempt.” Id. at ___. In this case, a district court judge held defendant in contempt of court for engaging in “disrespectful conduct in direct view of the judge” and reconvened for a summary contempt proceeding. Id. at ___. “The judge held [defendant] in contempt but did not describe [defendant’s] contumacious conduct with any particularity on the record.” Id. at ___. On appeal, “[t]he circuit court reversed the district court’s order and vacated [defendant’s] contempt conviction.” Id. at ___. Because the record lacked evidence, “the circuit court remanded the case to the district court for nonsummary proceedings before a different judge.” Id. at ___. Defendant argued that “further contempt proceedings on remand would constitute double jeopardy.” Id. at ___.

Current “[c]aselaw from Michigan and other jurisdictions provides that when an appellate court reverses a contempt conviction because a lower court erred by proceeding summarily instead of nonsummarily in the first instance, a remand to allow the nonsummary proceeding is appropriate.” Id. at ___. However, the present issue is “whether an appellate court may remand for nonsummary proceedings following vacation of a summary contempt conviction when summary proceedings were initially appropriate.” Id. at ___. The circuit court and the Court of Appeals held that “the prohibition against double jeopardy does not bar subsequent nonsummary contempt proceedings after vacation of a summary contempt conviction.” Id. at ___. On leave, the Michigan Supreme Court declined to reach the constitutional question and instead held that “remand for nonsummary proceedings after a summary contempt conviction has been vacated for insufficient findings is improper because it would be futile and exceed the scope of the judiciary’s inherent contempt powers.” Id. at ___. “The proceedings where the alleged contumacious conduct occurred concluded years ago and there is no allegation that [the defendant] refused to comply with a lawful order of the court.” Id. at ___. Finding the reasoning of other jurisdictions to be persuasive, the Court concluded that “remand to the district court for nonsummary proceedings is not appropriate in this instance because the original purpose of the contempt proceedings has been served.” Id. at ___ (noting that “judges must both make sufficient findings to support a contempt adjudication and ensure that there is a sufficient record for review if the alleged conduct was not otherwise documented in court recordings or transcripts”).

If a member of the state bar is held in contempt of court, the clerk of the court must submit a certified copy of the order to the clerk of the Michigan Supreme Court and the State Bar of Michigan. MCL 600.913.

Committee Tip:

The court’s findings and conclusions should include:

•​factual findings;

•​burden of proof employed;

•​type of contempt committed;

•​a conclusion as to how the contumacious conduct impaired the authority or impeded the functioning of the court;

•​the sanctions imposed; and

•​the reasons for imposing sanctions.