In Re Baroldi

—By way of petition for writ of habeas corpus, petitioner, an attorney at law, challenges an order of the superior court dated July 30,1986, adjudging him in contempt, sentencing him to five days in the county jail and imposing a fine of $500. This court issued order to show cause: written return was filed and oral argument was waived. We grant the petition and order writ to issue.

I

Procedural History

Petitioner was retained to represent Timothy Bruce Henning in a criminal case in which Henning was charged with possession for sale of marijuana: he appeared for Henning at the time of arraignment and regularly thereafter until July 9, 1986. The cause was set for trial on July 9 in Department F, Southeast District of the Superior Court: on that day petitioner failed to appear, and the trial was set over to the next day (July 10). Petitioner appeared on the 10th and when asked by the court why he did not appear on July 9, he responded that he had other appearances and then developed car trouble. The court advised petitioner of its inability to reach him through his telephone exchange which could or would not provide information as to his whereabouts maintaining it was not…