murchison argued april decided may michigan state judge served grand jury michigan law investigating crime later judge hearing open adjudged two witnesses guilty contempt sentenced punishment events took place grand jury proceedings held trial conviction contempt judge violated due process clause fourteenth amendment pp power trial judge punish contempt committed immediate presence open applicable contempt proceeding william colden argued cause petitioners brief james cobb george hayes charles jones edmund shepherd solicitor general argued cause state michigan respondent brief thomas kavanagh attorney general daniel assistant attorney general justice black delivered opinion michigan law authorizes judge courts record act grand jury compel witnesses appear secret testify suspected crimes previously held michigan jury consistently due process clause fourteenth amendment summarily convict witness contempt conduct secret hearings oliver held conviction stand due process requires minimum accused given public trial reasonable notice charges right examine witnesses call witnesses behalf represented counsel question us whether contempt proceeding conducted accordance standards complies due process requirement impartial tribunal judge presiding contempt hearing also served grand jury contempt charges arose involve course power courts summarily punish certain conduct occurring open petitioners murchison white called witnesses jury murchison detroit policeman interrogated length judge secret hearings questions asked suspected gambling detroit bribery policemen answers left judge persuaded committed perjury particularly view evidence jury judge charged murchison perjury ordered appear show cause punished criminal contempt white petitioner also summoned appear witness grand jury hearing asked numerous questions gambling bribery refused answer ground entitled michigan law counsel present jury charged white contempt ordered appear show cause judge grand jury tried petitioners open convicted sentenced contempt petitioners objected tried contempt particular judge number reasons including michigan law expressly provides judge conducting grand jury inquiry disqualified hearing trying case arising inquiry hearing motion dismiss quash complaint indictment growing hearing charge contempt except alleged contempt neglect refusal appear response summons subpoena trial judge time complainant indicter prosecutor constituted denial fair impartial trial required due process clause fourteenth amendment constitution trial judge answered first challenge holding state statute barring trying contempt cases violated michigan constitution ground deprive judge inherent power punish contempt interpretation michigan constitution binding second challenge trial judge held due process forbid try contempt charges also rejected constitutional contentions made petitioners state sustained trial judge holdings affirmed importance federal constitutional questions raised caused us grant certiorari view take makes unnecessary us consider decide questions except due process challenge trial judge conducted secret grand jury proceedings fair trial fair tribunal basic requirement due process fairness course requires absence actual bias trial cases system law always endeavored prevent even probability unfairness end man judge case man permitted try cases interest outcome interest defined precision circumstances relationships must considered said however every procedure offer possible temptation average man judge hold balance nice clear true state accused denies latter due process law tumey ohio stringent rule may sometimes bar trial judges actual bias best weigh scales justice equally contending parties perform high function best way justice must satisfy appearance justice offutt strange system law permitted judge act grand jury try persons accused result investigations perhaps state ever forced defendant accept grand jurors proper trial jurors pass charges growing hearings single jury even part accusatory process ordinary lay grand juror part process judge nature things wholly disinterested conviction acquittal accused likely zeal prosecutor certainly said none zeal fair trials important part free society let prosecuting judges trial judges charges prefer true contempt committed trial courtroom circumstances punished summarily trial judge see cooke adjudication trial judge contempt committed immediate presence open likened proceedings held oliver case person charged contempt grand jury summarily tried practical matter difficult impossible judge free influence took place secret session recollection likely weigh far heavily testimony given open hearings sometimes illustrated incident occurred white case finding white guilty contempt trial judge said one thing record show white attitude must say attitude almost insolent manner answered questions attitude upon witness stand personal attitude insolent defiant want put record answer defense counsel motion strike statements part original record judge said something appear record evident thus judge due process requires impartial weighing evidence presented called personal knowledge impression occurred grand jury room judgment based part impression accuracy tested adequate incident also shows judge doubtless familiar facts circumstances charges rooted witness public witnesses upon petitioners call give disinterested testimony concerning took place secret chambers judge might able refute judge statement white insolence moreover shown judge statement jury might many times material witness later trial contempt charge heard judge result either defendant must deprived examining else spectacle trial judge presenting testimony upon must finally pass determining guilt innocence defendant either event state benefit judge personal knowledge accused denied effective opportunity right defendant examine witnesses essential fair trial right jeopardized way hold violation due process jury try petitioners therefore error michigan uphold convictions judgments reversed causes remanded proceedings inconsistent opinion reversed footnotes sacher cooke ex parte savin see also oliver contempt charge signed judge reads part follows therefore appearing said patrolman lee roy murchinson sic guilty wilfull corrupt perjury perjury obstructive effect upon judicial inquiry conducted said patrolman lee roy murchinson sic obstructed judicial function wilfully giving false answers aforesaid also tend impair respect authority perjury false answers given said witness aforesaid committed sitting presence view constitutes criminal contempt therefore ordered said patrolman lee roy murchinson sic appear tenth day may forenoon show cause punished criminal contempt aforesaid acts white murchison lay aside certain federal constitutional challenges petitioners taken intimation passed one way another see note apparently trial judge consider part prosecution passing request murchison counsel postponement contempt trial judge said two points suggest one respondent going claim shrewsberry ontario canada march furnished information two days going give checking investigating emphasis supplied judge dual position view took function surprising see queen london county council wisconsin ex rel getchel bradish see hale wyatt see also witnesses competency competency presiding judge witness harv rev justice reed justice minton dissenting justice burton joins holds unconstitutional state judge punish contempt previously committed acting grand jury full hearing open holds white punished blanket refusal answer questions grand jury murchison punished perjury body deprived liberty without due process law conclusion rested irregularity proceedings either grand jury michigan procedure single state judge makes grand jury investigation secret public officials aid transcript made testimony certainly nothing unconstitutional state may reduce customary number grand jurors one impart investigatory duty member judiciary desires accused afforded full hearing open statement charges benefit counsel full opportunity explain conduct grand jury held contempt thus requirements set oliver met determination rested sole fact judge first cited petitioners contempt committed presence presided proceedings leading final adjudication neither shown alleged state judge way biased required holds matter law judge interest conviction makes proceedings inherently prejudicial thus constitutionally invalid fact interest state judge procedure different judges traditionally punished contempt leads us dissent sacher upheld power federal district judge summarily punish contempt previously committed presence case trial extended nine months trial judge issued certificate summarily holding defense counsel contempt actions trial formalities hearings taking evidence arguments briefs held procedure permitted rule federal rules criminal procedure codified prevailing usages law specifically rejected contention judge heard contempt disqualified punishing required assume role accuser complaining witness another judge offutt simply stated exception trial judge becomes personally embroiled contemnor must step aside favor another judge decision rested upon supervisory authority administration criminal justice federal courts holds even though showing contention state judge became embroiled personally exercised way biased matter constitutional law procedural due process state judge may punish contempt previously committed presence seems inconsistent gone presumably referring situation federal courts adjudication trial judge contempt committed immediate presence open likened proceedings reason told held oliver case person charged contempt grand jury summarily tried hardly explanatory question whether hearing summary plenary bearing attitude interest judges two situations indistinguishable simple fact federal courts allow judge hears contempt issues certificate punish subsequently summarily case allow punishment even full trial factual difference sacher case contempt sacher committed public trial contempt committed open require criminal conviction public individual given full hearing opportunity defend charges proffered make record appeal oliver petitioners entitled see held violates fundamental concepts fair play justice state judge full trial punish contempt previously observed acting grand jury held perfectly proper federal judge summarily punish contempt previously observed open seems us imposed stringent requirement state judges matter due process imposed federal judges exercise supervisory power relies heavily tumey ohio held deprives defendant due process subject liberty property judgment judge direct personal substantial pecuniary interest reaching conclusion case one thing hold judge great interest case permit rendition fair verdict compensation determined result reaches quite another thing disqualify state judge great interest render due process judgment sole interest shown record maintenance order decorum investigation crime interest shares common judges punish contempt state michigan decided administration criminal law wise investigating power hands judge also decided judge observes contempt preside trial contemnor seem violation accepted judicial standards justify determination unconstitutionality affirm