Judge will come back at 4:35 to address the disturbance in the courtroom
This is a direct contempt proceeding
Judge is quoting the laws on contempt, including the fact that it can be punished summarily
Judge now defining direct and indirect contempt
Judge also explains he is required to find if the person who caused the problem was aware of the order
Judge says punitive sanctions must be supported by fact including the act, her knowledge of the order, ability to comply and refusal to comply
Judge will detail the 4 questions he has to show
1. a lawful order of the court exists. "no question about it" and a summary of his order is posted outside the courtroom and on the seats inside
2nd requirement is for her to have knowledge, and judge says she must've seen the warnings. And also knows that the sheriff's office handed her a copy of the order at his request and spoke to her about the order
3. asks if she can comply. Judge says he know deputies had some concerns and spoke with her both Friday and Monday. She's been her MOn-Wed of this week and complied without any problems.. "so I find that she clearly has the ability to comply"
4. Last question is if she willfully decided not to comply and Judge says that she did not comply on a date when the courtroom was more full
"I find here on the record that this was.... a willful refusal to comply with my order"
Judge Samour says "she waited until thursday when the courtroom was full, when there would be the most exposure, when there was the most media here"
Judge Samour also notes that she purposely opposed what Brauchler was saying
"Clearly there was a knowledge of the order. Clearly there was a willful disregard of my order"... "and this was as disruptive conduct as I have ever seen"
she stepped over multiple rows and eluded deputies
"It took two or three of them as she was kicking or screaming to get her out of the courtroom"
"This is precisely the kind of situation that not only allows the court to act summarily but requires the court to do so"
Judge Samour is going to give her a chance to make a statement in mitigation