mayberry pennsylvania argued december decided january facts case defendant state criminal contempt proceeding vilified judge course defendant trial state sentenced judge years contempt entitled due process clause fourteenth amendment public trial another judge pp vacated remanded douglas delivered opinion burger brennan stewart white marshall blackmun joined burger post harlan post filed concurring opinions black filed separate statement post curtis reitz appointment argued cause filed brief petitioner carol mary los argued cause respondent pro hac vice brief robert duggan justice douglas delivered opinion petitioner two codefendants tried state prison breach holding hostages penal institution appointed counsel advisers represented trial ended jury verdict guilty charges day friday defendants brought sentencing following monday imposing sentence verdicts judge pronounced guilty criminal contempt found petitioner committed one contempts days trial sentenced less one two years contempts total years pennsylvania affirmed divided vote case petition writ certiorari petitioner conduct trial comes shock raised western tradition considers courtroom hallowed place quiet dignity far removed possible emotions street first day trial petitioner came side bar make suggestions obtain rulings trial procedures petitioner said seems like intentions railroading us moved disqualify judge motion denied petitioner motions including request deputy sheriffs courtroom dressed civilians also denied came following colloquy mayberry like fair trial case like granted fair trial sixth amendment get fair trial mayberry appear going get one way overruling motions like hatchet man state side bar mayberry wait minute honor mayberry dirty sonofabitch codispoti trying protect prison authorities honor reason order codispoti want outbursts like justice know ask questions mayberry possibly honor know rule keep quiet mayberry gilbert sullivan way sustain district attorney every time objects questions time comes ask questions make speeches mayberry going produce defense case railroaded life sentence dirty tyrannical old dog like may proceed questioning mr mayberry mayberry ask nardi area handball open prisoner wants play handball cares go area play handball yes understand prior question asked freely open accessible area answered question let go mayberry asking understands answered let go mayberry ask honor keep mouth shut questioning witness wish proceed questioning mayberry judge first working prison authorities bum livingston motion pending honor suggest mayberry go hell give good god damn suggest stumbling dog mayberry started bullshit beginning keep quiet mayberry wait minute keep quiet mayberry counsel keep quiet mayberry going gag take prisoners take ten minute recess members jury mayberry one moment honor witness mayberry keep quiet mayberry oh yes witness witness also penitentiary seclusion ca talk witnesses prior putting stand like district attorney obviously opportunity obviously made use opportunity talk witnesses ruled mayberry mayberry care ruled unimportant fact remain quiet sir finish examination witness mayberry wo quiet try deny right fair trial way quiet gagged want meantime going say say right speak witnesses prior putting stand accepted fact law nothing new unusual going try force us witness testify facts hazy recollection happened back believe right confer witness prior putting stand finished mayberry finished proceed examination mayberry state conclusion gilbert going object sullivan sustain give facts leads say mayberry witness inquisition know spanish inquisition mayberry call proper asked questions numerous questions everyone said improper asked questions adviser given repeated questions verbatim came adviser mouth said improper consider proper educate mayberry mayberry know railroad life bit either codispoti protect record questions ask witness mayberry need kind psychiatric treatment think kind nut know trying good job warden maroney back let keep looking decent anyway know make obvious honor mayberry ask severance heard denied let go mayberry craziest trial ever seen may call next witness mr mayberry mayberry get wish ruling care contempt whatever want call want ruling record denied witnesses asked months trial ever began ruled mayberry proceed questioning argue mayberry arguing arguing arguing fools december created despicable scene refusing continue calling witnesses creating consternation uproar cause termination trial honor begins charge jury defendant mayberry wishes place objection record charge whole proceedings wishes make known intention remaining silent charges jury going continually object charge jury throughout entire charge going remain silent going disrupt proceedings verbally throughout entire charge also going objecting forced terminate defense finished december constantly boisterously insolently interrupted attempts charge jury thereby creating atmosphere utter confusion chaos separate acts outbursts took place arsenal authority described allen available trial judge keep order courtroom propriety instantly acted holding petitioner contempt excluding courtroom otherwise insulating vulgarity courtroom noted sacher instant action may taken lawyer guilty contempt pronounce guilty contempt unlikely prejudice client considerations pertinent petitioner undertook represent sacher trial judge waited end trial impose punishment contempt saying hold summary punishment imposed instantly upon event incentive pronounce smarting irritation contemptuous act judgment think less likely unfair condemnation counsel occur deliberate course permitted power contempt judge must exercise protecting due orderly administration justice maintaining authority dignity important indispensable exercise delicate one care needed avoid arbitrary oppressive conclusions rule caution mandatory contempt charged element personal criticism attack upon judge judge must banish slightest personal impulse reprisal bend backward injure authority great leniency substitution another judge avoid either tendency always possible course acts contempt palpably aggravated personal attack upon judge order drive judge case ulterior reasons scheme permitted succeed attempts kind rare cases however present difficult questions judge say upon whole matter conditions make impracticable delay may injure public private right judge called upon act case contempt personal attack upon may without flinching duty properly ask one fellow judges take place whether trial federal state concern due process fair administration justice times judge image impersonal authority law offutt become personally embroiled lawyer trial make judge unfit sit judgment contempt charge vital point sitting judgment misbehaving lawyer judge give vent personal spleen respond personal grievance subtle matters concern ingredients constitutes justice therefore justice must satisfy appearance justice course every attack judge disqualifies sitting ungar sarafite ruled lawyer challenge though disruptive recalcitrant disagreeable commentary still insulting attack upon integrity judge carrying potential bias require disqualification many words leveled judge instant case highly personal aspersions even fighting words dirty sonofabitch dirty tyrannical old dog stumbling dog fool charged running spanish inquisition told go hell keep mouth shut insults kind apt strike vulnerable human qualities judge temperament bloom illinois conclusion reason due process clause fourteenth amendment defendant criminal contempt proceedings given public trial judge one reviled contemnor see oliver present case requirement satisfied judgment contempt vacated remand another judge bearing sting slanderous remarks impersonal authority law sits judgment conduct petitioner shown record vacated remanded petitioner sentenced contempt december pennsylvania affirmed april decided illinois allen march chief justice burger concurring concur opinion add additional observations chiefly emphasis certain aspects problem maintaining courtrooms indispensable atmosphere quiet orderliness crucial without order quiet adversary process must fail three factors noted justice douglas said trial conducted without guidance afforded justice black opinion illinois allen although accused afforded counsel trial asserted right act counsel permitted informed whether pennsylvania statute covering obstruction justice reach conduct accused shown record opinion suggests standards illinois allen supra enabled trial judge remove accused courtroom first outrageous actions words summarily punish contempt contempt power however limited utility dealing incorrigible cunning psychopath accused bent frustrating particular trial undermining processes justice summary removal courtroom really effective remedy indeed one case shows removal well benefit accused sense one episode contemptuous conduct less likely turn jury episodes noted justice black illinois allen justice douglas fixed rule fit every situation feasible plainly summary removal salutary remedy cases accused acting counsel lawyer well suggests wisdom trial judge counsel remain case even limited role consultant defendant refuses counsel seeks discharge trial judge well advised many standby counsel perform services trained advocate perform ordinarily examination witnesses objecting evidence making closing argument circumstance comes mind allows accused interfere absolute right trial judge standby counsel protect rights accused persons foolishly trying defend justice douglas aptly described every trial stake interests accused integrity process warrants trial judge exercising discretion counsel participate defense even rejected criminal trial private matter public interest great presence participation counsel even opposed accused warranted order vindicate process value precaution independent counsel even unwanted underscored situations accused removed courtroom illinois allen presence counsel familiar case least blunt sixth amendment claims assuming merit accused refused legal assistance brought removal proceedings means cope grave misconduct courtroom whether accused counsel spectators others statutes defining obstruction justice long force many penalties measured years confinement statutes available obvious response seek frustrate particular trial undermine processes justice generally review record warrants closing comment exemplary patience trial judge provocation human beings accept equanimity holding contempt cases penalties magnitude imposed heard another judge reflect performance relates rather question procedure justice harlan concurring concur judgment reversal solely ground contempt convictions must regarded infected fact unprecedented long sentence years carried imposed judge victim petitioner shockingly abusive conduct circumstance seems deprive contempt proceeding appearance evenhanded justice core due process reason think contempt convictions must set aside leaving state free try contempt specifications another judge proceed otherwise petitioner unfortunate decision illinois allen books time criminal case petitioner trial courses decision lays open trial judges coping outrageous courtroom tactics sort engaged petitioner doubtless enabled judge fiok deal petitioner manner obviated regrettable necessity setting aside contempt conviction