In re Friday

STEPHENS, P. J. An action was pending in the superior court in which a motion was filed by the plaintiff, through her attorney, the petitioner herein, R. C. W. Friday. The motion was presented and submitted to Honorable William S. Baird, judge of said court, on March 7, 1934, and thereafter said judge denied the relief asked for, to wit, attorney’s fees, court costs, -support- and maintenance pendente lite.

On the 16th of March, 1934, said Friday, in his capacity of attorney at law for plaintiff, filed with the clerk of the superior court certain “exceptions and objections” to the said ruling and the following language was then used therein: “ . . . and by irregularity of allowing opposing

Counsel, Wm. M. Morse, Jr., thereafter, and on March 7th, 1934, some five or more minutes prior to calling within matter, ... of said February 7th, 1934, Order to Show Cause, at about 2:00 p. m. of said March 7th, 1934, allowed [662]"Wm. M. Morse, Jr., unethically to visit said Judge presiding in said Department -10-, privately and personally in Chambers; which conduct of the court, and of opposing counsel, is hereby designated in good faith, and on record herein, as Misconduct of the Court and learned Counsel in arriving at decision herein, and/or Order Denying Attorney Fees, Etc., herein which does amount to abuse of discretion by the Hon. Court by which plaintiff was prevented from having a fair trial.”

'Subsequently, and on March 27, 1934, petitioner Friday was in court presenting a motion in the same case before the same judge and at the conclusion of the proceedings the judge summarily charged the said Friday with contempt of court and ordered him to show cause, if any he had, why he should not be found guilty of and be punished for contempt of court because of the use of the above-quoted part of the “exceptions and objections”. Friday objected thereto, claiming that he had a right to have written charges made before trial and that he had a right to time to prepare therefor and that if the matter constituted contempt, such contempt was not direct and was not committed in the presence of the court. Such objections were overruled and the court proceeded. The said Friday did not show cause why he should not be found guilty of or why he should not be punished for contempt of court. The evidence established without conflict that the attorney who went into the judge’s chambers went in upon the suggestion of the court’s bailiff to get an advance sheet of a California court decision, for use in the courtroom, and that he did not communicate, or attempt to communicate, with the judge while in his chambers in any manner except to state his mission. The judge was busy on some other matter in conference with another man and merely gave his consent to the attorney to get the advance sheet. Petitioner claimed and still claims that he used the language objected to in good faith. At the conclusion of the hearing the court found Friday in contempt of court and pronounced judgment therefor of $200 fine • or one day’s imprisonment for every $2 thereof. Petitioner now sues out this writ for relief.