Arthur

Bradford A. Arthur, an attorney at law, seeks a writ of certiorari to review an order of the respondent court holding him in contempt.

On the morning of April 17, 1964, Arthur had two matters pending before Judge Joseph Wapner in department 100 of the Superior Court of Los Angeles County (the criminal master calendar department), one matter pending in department 101, and a jury deliberating in a case in department 107. Prior to 9:15 a.m., Arthur notified the clerk in 101 that he had two matters in department 100, that he intended to be present and would return shortly. After completing one of his matters in 100, Arthur was notified by the clerk from 107 that the jury there had just returned. Thereupon Arthur left 100 for 107, even though he had the next case on the calendar in 100. When the next case was called, Arthur was not present to represent his client. Judge Wapner, upon being informed by his clerk that Arthur had just left the courtroom, sent his bailiff to bring him back. The bailiff found Arthur in the corridor and stated to him, “The judge wants you back *407 in court now.” Arthur replied that he had a jury returning in another court.

Up to this point no factual…

I agree that the evidence is sufficient to support the order holding petitioner in contempt of court. I adhere, however, to the views set forth in my dissenting opinion in Chula v. Superior Court, 57 Cal.2d 199, 208 [ 18 Cal.Rptr. 507 , 368 P.2d 107 ], that sections 1211 and 1217 of the Code of Civil Procedure prescribe the procedure for adjudicating contempts of court and that under those provisions an unexcused absence must be treated as an indirect contempt. Since that case and Lyons v. Superior Court, 43 Cal.2d 755 [ 278 P.2d 681 ], establish that the code provisions do not preclude this court from adopting a different procedure for determining when an absence is unexcused and therefore a contempt of court, I concur in the judgment under the compulsion of those cases.

Tobriner, J., concurred.