Hawk

In these proceedings by way of habeas corpus and certiorari, petitioner, an attorney, seeks to annul orders of the Solano Court adjudging him in direct contempt and imposing sentences totaling 54 days in jail and fines totaling $3,200.

The conduct found to be contemptuous occurred in the immediate view and presence of the court between August 14, 1972, and November 10, 1972, during the period petitioner was representing a defendant in a criminal case wherein the defendant was charged with 25 counts of murder.

The power of the court to punish summarily for a direct contempt is contained in Code of Civil Procedure section 121T, which provides: “When a contempt is committed in the immediate view and presence of the court ... it may be punished summarily; for which an order must be made, reciting the facts as occurring in such immediate view and presence, adjudging that the person proceeded against is thereby guilty of a contempt, and that he be punished as therein prescribed.” The orders, which recite facts pertinent to acts committed in the immediate view and presence of the court, establish the jurisdiction of the court to issue the order (In re Grossman (1972) 24…