Genis

FACTS AND PROCEDURAL HISTORY

Appellant represented the defendants in two misdemeanor cases. At a hearing on motions in both cases, he became increasingly frustrated with prosecuting attorney Hannah Lucy. Twice during his argument to the trial court, appellant stopped to complain about Lucy sighing while he was speaking. The second time, the court stopped him. Stating that "[t]here is no reason for emotions like that in a motion hearing like this," the court "order[ed] counsel over the lunch

2 The trial court did not hear the prosecutor's alleged sighs. We have listened to the audio recording of the proceeding and cannot discern any audible sighing. 3 We have jurisdiction pursuant to Code of Civil Procedure section 904.1, subdivision (a)(1), and Bermudez v. Municipal Court (1992) 1 Cal.4th 855. 2 hour to take deep breaths and come back and deliver the rest of their argument in a professional and a restrained and a logical manner." The court then recessed the proceeding. Before the judge left the courtroom, appellant and Lucy had an off- the-record exchange in which he told her, "Try to act a little more professional this afternoon." She "smirked" at him. He then called her a…