offutt argued october decided november criminal trial federal district judge became personally embroiled defense counsel protracted wrangle judge displayed personal animosity lack proper judicial restraint close trial acting rule federal rules criminal procedure judge summarily found defense counsel guilty criminal contempt contumacious unethical conduct trial ordered committed ten days appeals agreeing counsel guilty reprehensible misconduct found appellant conduct fairly considered apart trial judge reduced punishment hours affirming conviction held exercise supervisory authority administration criminal justice federal courts contempt conviction set aside cause remanded district direction contempt charges retried different judge cooke pp app reversed warren magee argued cause petitioner brief charlotte maskey gray thoron argued cause brief solicitor general sobeloff assistant attorney general olney beatrice rosenberg edward szukelewicz justice frankfurter delivered opinion case review modified affirmance appeals order district summarily committing petitioner criminal contempt proceeding grew trial one peckham abortion code stat petitioner peckham trial counsel almost outset clash presiding judge petitioner became manifest fair say colored course trial throughout days increasing personal overtones judge admonished petitioner deemed disregard rulings behavior outside allowable limits aggressive advocacy warned consequences way punishment contempt conduct invited hand interchanges counsel marked expressions revealed attitude hardly reflected restraints conventional judicial demeanor characterization necessity derives abiding impression left reading entire record close trial jury retired deliberation judge acting procedure prescribed rule federal rules criminal procedure invoking authority sacher found petitioner guilty criminal contempt basis certificate filed rule containing findings contumacious unethical conduct open trial ordered committed days custody marshal district columbia appeals found four findings amply supported commitment reduced punishment days hours concluded record support penalty imposed appellant conduct fairly considered apart trial judge responded great provocation judge treatment appellant examples included appendix opinion peckham app chief factor leading majority conclude peckham conviction stand leads us conclude appellant sentence reduced days hours app indicated appeals reversed peckham conviction found judge behavior barred sustaining judgment product fair impartial trial peckham app view supervisory authority administration criminal justice federal courts mcnabb importance assuring alert exercise district judges summary power punishing contempt brought case shall retrace ground recently covered sacher case supra enforcing rule case emphasized duty safeguard two indispensable conditions fair administration criminal justice counsel must protected right accused fearless vigorous effective advocacy matter unpopular cause employed equally protect processes orderly trial object lawyer calling rule innovation confer power upon district judges possessed prior march rule advisory committee rules criminal procedure stated substantially restatement existing law ex parte terry cooke pith rather extraordinary power punish without formalities required bill rights prosecution federal crimes generally necessities administration justice require summary dealing obstructions mode vindicating majesty law active manifestation obstruction outrage power thus entrusted judge wholly unrelated personal sensibilities tender rugged judges also human may human way quite unwittingly identify offense self obstruction law accordingly deemed important district judges guard easy confusion sitting judgment upon misconduct counsel contempt charged entangled judge personal feeling lawyer course personal attacks innuendos lawyer judge view provoking aggravate may obstruction trial 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 duly mindful fact exercise power summary punishment contempt delicate one care needed avoid arbitrary oppressive conclusions cooke supra without slightest condoning contemptuous behavior part lawyer deemed desirable 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 government vigorously pressed upon us leeway must allowed trial judge assessing necessities situation mean imprison discretion judges within rigid mechanical rules nature problem precludes unmindful fact ultimate finding reprehensible misconduct petitioner sustained appeals great weight given findings fact two lower courts rule wisdom exercise reviewing power enforcement rule important discriminate less subordinate facts leading judgment legal significance conclusion though concurred two courts may fact imply standard law judgment case entirety based baumgartner appalachian elec power intimating appeals justified finding ample support conclusion trial judge warranted deeming petitioner conduct contemptuous real issue whether decision cooke case ruling made trial judge whether purpose vindicating justice power summary contempt available determination petitioner guilt punishment properly meted finding guilt made first instance judge involved trial judge petitioner misconduct fact appeals reduced sentence days hours petitioner conduct fairly considered apart trial judge compelling proof latter failed represent impersonal authority law plainly appeals thought trial disposition misconduct petitioner infusion personal animosity indeed found fact full consideration record peckham case reason reversed peckham conviction spoke excessive injection trial judge examination witnesses numerous comments defense counsel indicating times hostility though provocation concluded demonstrated bias lack impartiality peckham supra app bears repeating whole record amply supports characterization trial judge appeals feeling toward lawyer pass sentence revealed statement jury discharging question concerned reprehensibility petitioner conduct consequences suffer concern fair administration justice record discloses rare show evanescent irritation modicum quick temper must allowed even judges record persuasive instead representing impersonal authority law trial judge permitted become personally embroiled petitioner intermittently continuous wrangle unedifying level two one reason another judge failed impose moral authority upon proceedings behavior precluded atmosphere austerity especially dominate criminal trial indispensable appropriate sense responsibility part counsel jury atmosphere also make dispatch insofar consonant fair trial manner trial conducted doubtless contributed wastefulness trial days case limited scope peckham prosecution conclude application rule pronounced cooke called fact appeals reduced sentence imposed trial judge take situation moral judicial considerations expounded behalf chief justice taft sanction course procedure give encouragement language cooke case one appropriate change think therefore case reaches district must remanded judge imposed sentence herein invite chief judge district assign another judge sit second hearing charge petitioner see reversed justice reed justice burton dissent affirm judgment appeals basis opinion footnotes summary disposition criminal contempt may punished summarily judge certifies saw heard conduct constituting contempt committed actual presence order contempt shall recite facts shall signed judge entered record purposes sufficient quote two specific instances motion denied proceed offutt object honor yelling raising voice like moment say another word marshal stick gag mouth argue offutt arguing honor answer back either offutt oh thought honor merely trying present point proceed next question offutt thank honor honor object raising voice like shouting urge honor well misbehaving offutt offutt right function hold reins tight preserve order decorum courtroom offutt yell honor submit entitled duty make objections state record putting objections record forfeited right treated courtesy extends members bar also realize difficult disagreeable task case compelled sit disgraceful disreputable performance part lawyer unworthy member profession member legal profession blush specimen midst justice minton dissenting case goes back district hearing another judge charges record admits petitioner guilty question much punishment shall receive two days circumstances seem much appeals reviewed conduct judge counsel sacher apply cooke case circumstances proceeding writ certiorari dismissed improvidently granted