ALEXANDER, J.
[¶ 1] Thomas Pelletier appeals from the judgment entered in the District Court (Skowhegan, Clapp, J.) holding him in contempt pursuant to M.R. Civ. P. 66(b) and imposing punitive sanctions on him.1 Pel-letier argues that the court failed to find that his conduct actually disrupted the court process or diminished the court’s authority. Because the record, supported by the court’s findings, establishes that Pelletier engaged in “insolent behavior” which, if unaddressed, “diminishes the court’s authority,” we affirm.
I. CASE HISTORY
[¶ 2] On April 18, 2001, Pelletier was representing himself at his arraignment on three charges2 before the court. At the conclusion of the proceedings, Pelletier turned to leave the courtroom. As he was exiting, the court noticed that Pelletier was wearing an offensive T-shirt. The court called Pelletier back into the courtroom where the following exchange occurred:
COURT: Mr. Pelletier, turn around. Turn' — Turn around. What are you doing wearing something like that in the courtroom?
[611]*611DEFENDANT: Well it was the only clean clothes I had, your Honor.
COURT: You’re in contempt. Sit over there. Ten days in jail.
Pursuant to M.R. Civ. P. 66(b)(2),3 the court issued a written order describing its findings and conclusions as follows:
The Defendant came before the bench when his name was called and was arraigned on the charges. When the Defendant turned and exited the courtroom to the Clerk’s Office this presiding judge noticed that the Defendant’s shirt had the words “I FUCK LIKE A BEAST” inscribed on the back in large, bold, bright letters easily readable from the back of the courtroom. The courtroom was then heavily populated by other citizens then awaiting their appearance before the court, some accompanied by children. The court immediately called the Defendant back into the courtroom to explain the reasons for this contemptuous behavior. He offered only that he had no other clothes to wear to court. The Defendant’s offending shirt was a decorative “T” shirt worn over a long sleeved shirt.
The Defendant’s act of displaying this unnecessary and vulgar attire in open court was obviously done with the purpose of disturbing or hindering the court process, showing outward disrespect for the court, and was disorderly conduct and insolent in nature. All of this was done in the actual presence of and seen by this judge.
After serving five days of his sentence, Pelletier appealed.
II. DISCUSSION
[¶ 3] According to M.R. Civ. P. 66, contemptuous conduct includes but is not limited to “disorderly conduct, insolent behavior, or a breach of peace, noise or other disturbance or action which actually obstructs or hinders the administration of justice or which diminishes the court’s authority.” M.R. Civ. P. 66(a)(2)(A)(i).4 Most of our recent precedent has addressed disruptive acts. Thus, we have said that a judgment of contempt must be supported by evidence that “the contumacious conduct ‘actually obstructed the administration of justice.’ ” State v. Holland, 1997 ME 42, ¶ 4, 691 A.2d 196, 198 (quoting In re Bernard, 408 A.2d 1279, 1282 (Me.1979)). We have said that we will uphold a summary conviction of contempt “when it can ‘clearly be shown’ that [the] defendant engaged in a wilful and actual obstruction of the administration of justice that presented an overriding need for immediate punishment.” Id. (citing [612]*612State v. Campbell, 497 A.2d 467, 472 (Me.1985)).
[¶ 4] Pelletier focuses on those precedents addressing contempt in the context of an obstruction of the administration of justice. In such a context, some courtroom disruption or disruption of the administration of justice must be found. However, no finding of a specific disruption is needed where a contempt involves insolent behavior that diminishes the court’s authority.
[¶ 5] Here, the court found that Pelletier’s display “was obviously done with the purpose of disturbing or hindering the court process, showing outward disrespect for the court, and was disorderly conduct and insolent in nature.” Mr. Pelletier’s purpose, recognized by the trial court, was to taunt, to test, to insult, and to demean the court and its authority. Had the court not responded upon perceiving Mr. Pelletier’s vulgar display, respect for its authority and dignity would have been diminished, implying to all present, and others who would have learned of Mr. Pelletier’s acts, that this was acceptable decorum in a Maine court of law.
[¶ 6] Pelletier argues that because there was no finding that his vulgar display caused others to create a disturbance in the courtroom, his acts cannot be contemptuous. But the fact that the many spectators, adults and children, sat in appalled or bemused silence, does not make Mr. Pelle-tier’s acts any less contemptuous. It is his acts, not those of the audience, that the trial court was required to judge.
[¶ 7] The trial court based its finding on M.R. Civ. P. 66. Under that rule, “ ‘[cjontempt’ includes but is not limited to: ... insolent behavior ... which diminishes the court’s authority.” M.R. Civ. P. 66(a)(2)(A)(i). Nothing in this portion of the contempt definition requires a court to find some audience reaction or other disturbance as a prerequisite to finding a contempt had occurred.
[¶ 8] The respect and authority of any court is diminished if a contrived breach of decorum, intended to test and taunt the court’s authority, is tolerated without response. The definition of contempt in M.R. Civ. P. 66(a)(2)(A)® and its companion definition in M.R.Crim. P. 42(a)(2)(A)® encompasses just what occurred in this case.
[¶ 9] One important finding is that Mr. Pelletier wore his T-shirt over a long sleeved shirt. This is important when considered in the context of the court’s question to Mr. Pelletier, “What are you doing wearing something like that in the courtroom?” and Mr. Pelletier’s response, “Well it was the only clean clothes I had, your Honor.” In that exchange, Mr. Pelletier was given an opportunity to explain his actions and gave an obviously false response indicating further disrespect. The trial court had no need for further inquiry or further findings before making its contempt determination. With the response it received, the trial court acted well within its discretion not to engage in further colloquy with Mr. Pelletier in open court with many citizens present.
[¶ 10] The trial court accorded Mr. Pel-letier all of the process he was due pursuant to M.R. Civ. P. 66. The contemptuous acts occurred in the court’s presence. The trial court offered Mr. Pelletier the opportunity to explain his acts and appropriately ceased further inquiry after Mr. Pelletier’s disrespectful response. The trial court’s order specified the conduct constituting the contempt, certified that the contempt occurred in the presence of the court, and contained the sanction imposed. M.R. Civ. P. 66(b)(2) requires no more.
[613]
Free access — add to your briefcase to read the full text and ask questions with AI
ALEXANDER, J.
[¶ 1] Thomas Pelletier appeals from the judgment entered in the District Court (Skowhegan, Clapp, J.) holding him in contempt pursuant to M.R. Civ. P. 66(b) and imposing punitive sanctions on him.1 Pel-letier argues that the court failed to find that his conduct actually disrupted the court process or diminished the court’s authority. Because the record, supported by the court’s findings, establishes that Pelletier engaged in “insolent behavior” which, if unaddressed, “diminishes the court’s authority,” we affirm.
I. CASE HISTORY
[¶ 2] On April 18, 2001, Pelletier was representing himself at his arraignment on three charges2 before the court. At the conclusion of the proceedings, Pelletier turned to leave the courtroom. As he was exiting, the court noticed that Pelletier was wearing an offensive T-shirt. The court called Pelletier back into the courtroom where the following exchange occurred:
COURT: Mr. Pelletier, turn around. Turn' — Turn around. What are you doing wearing something like that in the courtroom?
[611]*611DEFENDANT: Well it was the only clean clothes I had, your Honor.
COURT: You’re in contempt. Sit over there. Ten days in jail.
Pursuant to M.R. Civ. P. 66(b)(2),3 the court issued a written order describing its findings and conclusions as follows:
The Defendant came before the bench when his name was called and was arraigned on the charges. When the Defendant turned and exited the courtroom to the Clerk’s Office this presiding judge noticed that the Defendant’s shirt had the words “I FUCK LIKE A BEAST” inscribed on the back in large, bold, bright letters easily readable from the back of the courtroom. The courtroom was then heavily populated by other citizens then awaiting their appearance before the court, some accompanied by children. The court immediately called the Defendant back into the courtroom to explain the reasons for this contemptuous behavior. He offered only that he had no other clothes to wear to court. The Defendant’s offending shirt was a decorative “T” shirt worn over a long sleeved shirt.
The Defendant’s act of displaying this unnecessary and vulgar attire in open court was obviously done with the purpose of disturbing or hindering the court process, showing outward disrespect for the court, and was disorderly conduct and insolent in nature. All of this was done in the actual presence of and seen by this judge.
After serving five days of his sentence, Pelletier appealed.
II. DISCUSSION
[¶ 3] According to M.R. Civ. P. 66, contemptuous conduct includes but is not limited to “disorderly conduct, insolent behavior, or a breach of peace, noise or other disturbance or action which actually obstructs or hinders the administration of justice or which diminishes the court’s authority.” M.R. Civ. P. 66(a)(2)(A)(i).4 Most of our recent precedent has addressed disruptive acts. Thus, we have said that a judgment of contempt must be supported by evidence that “the contumacious conduct ‘actually obstructed the administration of justice.’ ” State v. Holland, 1997 ME 42, ¶ 4, 691 A.2d 196, 198 (quoting In re Bernard, 408 A.2d 1279, 1282 (Me.1979)). We have said that we will uphold a summary conviction of contempt “when it can ‘clearly be shown’ that [the] defendant engaged in a wilful and actual obstruction of the administration of justice that presented an overriding need for immediate punishment.” Id. (citing [612]*612State v. Campbell, 497 A.2d 467, 472 (Me.1985)).
[¶ 4] Pelletier focuses on those precedents addressing contempt in the context of an obstruction of the administration of justice. In such a context, some courtroom disruption or disruption of the administration of justice must be found. However, no finding of a specific disruption is needed where a contempt involves insolent behavior that diminishes the court’s authority.
[¶ 5] Here, the court found that Pelletier’s display “was obviously done with the purpose of disturbing or hindering the court process, showing outward disrespect for the court, and was disorderly conduct and insolent in nature.” Mr. Pelletier’s purpose, recognized by the trial court, was to taunt, to test, to insult, and to demean the court and its authority. Had the court not responded upon perceiving Mr. Pelletier’s vulgar display, respect for its authority and dignity would have been diminished, implying to all present, and others who would have learned of Mr. Pelletier’s acts, that this was acceptable decorum in a Maine court of law.
[¶ 6] Pelletier argues that because there was no finding that his vulgar display caused others to create a disturbance in the courtroom, his acts cannot be contemptuous. But the fact that the many spectators, adults and children, sat in appalled or bemused silence, does not make Mr. Pelle-tier’s acts any less contemptuous. It is his acts, not those of the audience, that the trial court was required to judge.
[¶ 7] The trial court based its finding on M.R. Civ. P. 66. Under that rule, “ ‘[cjontempt’ includes but is not limited to: ... insolent behavior ... which diminishes the court’s authority.” M.R. Civ. P. 66(a)(2)(A)(i). Nothing in this portion of the contempt definition requires a court to find some audience reaction or other disturbance as a prerequisite to finding a contempt had occurred.
[¶ 8] The respect and authority of any court is diminished if a contrived breach of decorum, intended to test and taunt the court’s authority, is tolerated without response. The definition of contempt in M.R. Civ. P. 66(a)(2)(A)® and its companion definition in M.R.Crim. P. 42(a)(2)(A)® encompasses just what occurred in this case.
[¶ 9] One important finding is that Mr. Pelletier wore his T-shirt over a long sleeved shirt. This is important when considered in the context of the court’s question to Mr. Pelletier, “What are you doing wearing something like that in the courtroom?” and Mr. Pelletier’s response, “Well it was the only clean clothes I had, your Honor.” In that exchange, Mr. Pelletier was given an opportunity to explain his actions and gave an obviously false response indicating further disrespect. The trial court had no need for further inquiry or further findings before making its contempt determination. With the response it received, the trial court acted well within its discretion not to engage in further colloquy with Mr. Pelletier in open court with many citizens present.
[¶ 10] The trial court accorded Mr. Pel-letier all of the process he was due pursuant to M.R. Civ. P. 66. The contemptuous acts occurred in the court’s presence. The trial court offered Mr. Pelletier the opportunity to explain his acts and appropriately ceased further inquiry after Mr. Pelletier’s disrespectful response. The trial court’s order specified the conduct constituting the contempt, certified that the contempt occurred in the presence of the court, and contained the sanction imposed. M.R. Civ. P. 66(b)(2) requires no more.
[613]*613[¶ 11] The confusion reflected in the briefs, focusing on the obstruction of the administration of justice alternative of the contempt definition, rather than the diminishment of the court’s authority alternative of the contempt definition, may be attributable to some imprecision in the trial court’s findings. In making findings of contempt, trial courts must specify what conduct constituted the contempt and state, with reference to the alternatives in the contempt definition, what elements of the contempt definition are reflected in a defendant’s acts and any reaction it creates.
[¶ 12] The importance of the court’s written order cannot be overstated. Much of the basis for contempt may be based on visual observation. A transcript may not provide an accurate account of the contemptuous conduct, and may not adequately reflect the atmosphere of the courtroom in the wake of any insult, sign of disrespect or disturbance. The court order can provide a proper description of the behavior that demanded punishment, and its overall effect on the proceedings before the court. Furthermore, “[t]he requirement of a specific recital of the conduct that constitutes [summary] contempt avoids compelling the appellate court to infer from a transcript the basis of the contempt.” State v. DeLong, 456 A.2d 877, 882 (Me.1983). We have stressed that “[b]ecause there are no fact-finding procedures designed to reveal the truth, the findings of the court must be taken as true, undisputed, and complete.” Holland, 1997 ME 42, ¶ 5, 691 A.2d at 198. Thus, the court’s written order is a vital part of the record we review on appeal. See Alexander v. Sharpe, 245 A.2d 279, 288 (Me.1968) (“[O]nly the filing of the certificate can establish a record of what facts the Justice found to be contemptuous.”); nee also DeLong, 456 A.2d at 882 (“[T]he purpose of the rule [requiring a written order from the court] is to provide a basis for appellate review.”).5
[¶ 13] Here, the trial court order could have been more precise in addressing the impact of Pelletier’s insolent and vulgar display in relation to the definition of contempt. However, on this record there is no real dispute regarding the nature and impact of Mr. Pelletier’s contempt. The trial court acted appropriately to address a serious breach of decorum and to assure that respect for the authority and dignity of the court was not diminished.
The entry is:
Judgment affirmed.
RUDMAN, J., flies a dissenting opinion joined by CALKINS, J.