Hughes v. Superior Court

Opinion

POCHÉ, J.

We review an adjudication of contempt for an attorney’s

refusal to obey a trial court’s order to proceed to trial.

[3]

Petitioner, a deputy public defender, had been assigned to two cases on the trial calendar of Monday, July 2, 1979—the “Body” case and the “Holloway” case, both of which were complex, involving charges of assault with intent to commit murder. On the preceding Friday, he attempted to obtain an indication from the master calendar department as to the order in which the cases would go to trial, and was told that all else being equal the “older” of the two, i.e. the “Holloway” case, would go first. Petitioner therefore “took a chance” and prepared the “Holloway” case over the weekend. On Monday, July 2, the district attorney’s office insisted on proceeding at once with the “Body” case for which it had transported a medically incapacitated witness from Los Angeles to San Francisco. Petitioner sought a continuance but his motion was denied by the judge presiding over the master calendar.

In the trial department petitioner renewed his motion for a continuance. Mr. Brown, the San Francisco Public Defender, and Mr. Lefcourt, petitioner’s supervisor, assured the court that petitioner had not been lacking in diligence in preparing his cases. The court was advised that there was “a serious psychiatric issue” upon which petitioner was unprepared to proceed.

When the trial court denied the continuance, petitioner declined to participate: “I do not feel that I can ethically participate in a trial where I know that my client will not receive a fair trial because I am unprepared. I feel that would be a violation of my oath as an attorney.” The court ordered petitioner to be in the courtroom in 10 minutes for jury selection. Petitioner did so, once again requesting a continuance. The court warned petitioner that if he persisted in his refusal to participate he would be in contempt of court. Petitioner answered that he had no further explanation or excuse.

The trial court found that petitioner’s refusal to obey the order to participate in jury selection and trial was without sufficient reason or excuse, and ordered him to pay a fine of $250 or to serve five days in the county jail. This proceeding followed.