Noel Plank, Petitioner v. State of Florida, Respondent

Summary

The court held that counsel is not constitutionally required in a direct criminal contempt proceeding resulting in incarceration of six months or less, although a trial court may appoint counsel or allow the contemnor to obtain counsel. It nevertheless vacated Noel Plank’s conviction because the trial court relied on evidence and conduct occurring outside the judge’s personal observation, making the contempt indirect and requiring the procedures and right to counsel applicable to indirect contempt. Justice Pariente, joined by Justices Quince and Perry, concurred in vacating the conviction but would have required counsel whenever incarceration was imposed or contemplated for direct criminal contempt.