In Re Hallinan

While acting as attorney for the defendant in a criminal case the petitioner was adjudged guilty of contempt of court. He has applied for a writ of habeas corpus. In his return the sheriff sets forth that he holds the petitioner by virtue of a judgment and commitment reading as follows, to wit:

It will be observed that the proceeding involves a direct contempt; that is, one found to have been committed in the immediate view and presence of the court. In this regard, section 1209 of the Code of Civil Procedure declares that any of the following acts or omissions in respect to a court of justice, or proceedings therein, constitutes contempt of the authority of the court: 1. Disorderly, contemptuous, or insolent behavior toward the judge while holding court, tending to interrupt the due course of a trial or other judicial proceeding; 2. A breach of the peace, boisterous conduct, or violent disturbance, tending to interrupt the due course of a trial or other judicial proceeding. Section 1211 of the same code provides that where a contempt is committed in the immediate view and presence of the court or judge at chambers, it may be punished summarily, for which an order must be made…

I concur in the order discharging the writ and remanding petitioner. While I am satisfied that the facts found in the commitment cannot well be distinguished from those of In re Shortridge, 5 Cal. App. 371 [ 90 Pac. 478 ], that case in my opinion not only reached but went beyond the limit of authority; and to the extent that it can be said to hold that a finding that the conduct and language of one addressing the court was boisterous and offensive, and interrupted the orderly conduct of the proceeding before the court, is insufficient to show contempt within the meaning of the law, it should no longer be followed.