Seykora

Dissenting.—Code of Civil Procedure section 177.5 empowers a judicial officer to impose monetary sanctions payable to the county “for any violation of a lawful court order by a [witness, a party, or a party’s attorney], done without good cause or substantial justification.” Such sanctions may be imposed “on the court’s own motion after notice and opportunity to be heard.” The order imposing sanctions must be in writing and must set forth the conduct or circumstances justifying the order.

Petitioner contends that respondent court improperly imposed sanctions in that (1) she did not receive adequate notice, (2) she did not have an opportunity to be heard, (3) respondent court’s order demanding that she remain in the courtroom was unlawful, (4) the sanctions order does not state that she had the ability to comply with the order, and (5) she did not willfully violate respondent court’s order. I concur with the majority’s conclusion that respondent court’s order to remain in the courtroom was lawful, that the sanctions order need not recite an ability to comply, and that section 177.5 does not require willfulness.

*1085 I dissent from the majority’s conclusion that petitioner…

—Elizabeth Seykora, a Los Angeles County Deputy Public Defender, challenges an order of the respondent court imposing sanctions against her in the amount of $250, pursuant to Code of Civil Procedure section 177.5.

*1078 Facts and Procedural History

On December 12, 1990, Seykora was the public defender’s calendar deputy assigned to Department 118, the courtroom presided over by Judge Reginald A. Dunn. 2 Approximately 10:10 a.m., as the morning calendar was being called, Seykora informed the court that she “had to be in another court and had to leave.” Judge Dunn asked her to “please be seated and handle the two remaining matters.” Seykora responded that “they would have to trail until tomorrow because she had to leave to go to another court.” Once again, Judge Dunn asked her to remain. Once again, Seykora responded that she had to leave.

The court again ordered her to remain and asked her not to force the court to do something that it did not want to do. Seykora then asked the court to call her “other court” and inform them why she would be late. The court offered Seykora the use of its phone for this purpose, but she refused to do so and began to walk toward the…

ASHBY, Acting P.J.

Elizabeth Seykora, a Los Angeles County Deputy Public Defender, challenges an order of the respondent court imposing sanctions against her in the amount of $250, pursuant to Code of Civil Procedure section 177.5. [1]

On December 12, 1990, Seykora was the public defender's calendar deputy assigned to Department 118, the courtroom presided over by Judge Reginald A. Dunn. [2] Approximately 10:10 a.m., as the morning calendar was being called, Seykora informed the court that she "had to be in another court and had to leave." Judge Dunn asked her to "please be seated and handle the two remaining matters." Seykora responded that "they would have to trail until tomorrow because she had to leave to go to another court." Once again, Judge Dunn asked her to remain. Once again, Seykora responded that she had to leave.

The court again ordered her to remain and asked her not to force the court to do something that it did not want to do. Seykora then asked the court to call her "other court" and inform them why she would be late. The court offered Seykora the use of its phone for this purpose, but she refused to do so and began to walk toward the door. The court…