Inniss v. Municipal Court

MOSK, J. Carlton Inniss, an attorney at law, seeks a writ of certiorari to review an order of the respondent court holding him in contempt and sentencing him to pay a fine of $500 or serve five days in jail.

Petitioner appeared as counsel on behalf of several defendants charged with misdemeanors. The defendants had been arrested for “sitting-in” during certain civil rights demonstrations in San Francisco. On Friday, June 12, 1964, during the process of jury selection, petitioner informed the court that he had a trial in Alameda County on Monday, June 15, 1964, which would prevent him from being present on that date. The court informed petitioner that he was attorney for the several defendants and ordered him to appear on the 15th. Petitioner did appear on June 15, although on that day a petition was filed to remove the case to the United States District Court. That petition was denied on June 16, 1964, and the case remanded to the municipal court.

On Wednesday, June 17, Attorney John George appeared on behalf of petitioner declaring that he was to be a substitute for that day only. The court convened on Thursday, June 18, at 10 a.m., and defendants, prospective jurors, and the People’s attorney were present, but neither petitioner nor any other attorney appeared to represent defendants. The court recessed until 11:50 a.m. when, having received no word from petitioner, it held him in contempt in absentia for failing to appear and deferred punishment to the termination of the trial. A body attachment was issued for petitioner, who appeared in court that afternoon and attempted to present an excuse for his absence. No record exists of what transpired at that time, except certain references to it at later proceedings in which petitioner denied the court’s version of what he had said.

[489]Petitioner returned to court for sentencing on June 30,1964, and the following colloquy occurred:

1 ‘ The Court : Will Carlton Innis[1] please stand ? Mr. Innis, while the court fines you---

“Mr. Innis: Your Honor, may I have---

‘ ‘ The Court -.---$500.

“Mr. Innis : Your Honor, may I speak before pronouncement of sentence ?

“The Court: You may.”

At this point, following some momentary confusion, petitioner attempted to explain to the court reasons for his failure to appear on the 18th. He claimed to have arranged for a substitute attorney, who assured him three or four times that he would appear. At the last moment, fearing that he would be noted as attorney of record, the substitute did not appear even though he was unable to contact and inform petitioner of his decision.