McMillian

In these consolidated proceedings, petitioner Robert E. McMillian, an attorney, seeks to annul two orders of the San Diego County Superior Court each adjudging him in direct contempt of court, and each sentencing him to jail for five days and imposing a fine of $500.

The alleged contempts occurred in open court during the jury trial of a criminal case in which petitioner represented the defendant, Oberreuter. A codefendant had separate counsel. We said in our opinion on appeal affirming the judgments, “The record here reflects contentiousness, argumentativeness, overzealousness on both sides of the counsel table. The judge on occasion became a participant.” (People v. Oberreuter, 4 Crim. No. 8819, filed June 27, 1979, unpublished.)

Background

The trial began on October 19, 1977. On October 25 the court admonished Oberreuter for being late in returning from the noon recess at 1:33 p.m. instead of 1:30, although the court had previously convened at 1:33 on the 19th, 1:34 on the 20th and 1:38 on the 24th. The court had said on the 19th, the first day of trial, when counsel wanted to recess until *611 2 p.m., “No, we run just like a ship: 1:30 the ship sails.” Later in…