Noel Plank, Petitioner v. State of Florida, Respondent

Summary

The court held that counsel is not constitutionally or procedurally required in a direct criminal contempt proceeding imposing incarceration of six months or less, although the trial court may appoint counsel or allow the contemnor to obtain counsel. The court nevertheless vacated Plank’s conviction because the trial court relied on testimony and evidence concerning conduct not personally observed by the judge, 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.