Rosenstock

The Superior Court of Los Angeles County, on petition by Attorney Donald Rosenstock, issued a writ of prohibition ordering the Municipal Court of the Los Angeles Judicial District (hereinafter municipal court) to vacate its order to show cause in re contempt. The municipal court and its Commissioner Robert L. Swasey, who issued the order to show cause, have appealed.

The Case

On March 20, 1975, criminal proceedings against defendant-James Ballou were set for trial in division 66 of the municipal court. Commissioner Swasey was presiding by appointment of the presiding judge; counsel for defendant Ballou in the pending matter was Donald Rosenstock. The matter was called in the morning and the prosecution was ready but neither the defendant nor his counsel were present. Defendant Ballou appeared in court at 2:30 p.m: but no further proceedings could be held because Rosenstock had not arrived. Commissioner Swasey ordered Rosenstock to appear the following day, issued an order to show cause in re contempt and imposed a fine.

In his affidavit Commissioner Swasey alleges in substance as follows: That defendant Ballou did not answer the 9 a.m. calendar call; that the court was…