Is a judge required to warn petitioner before taking a disciplinary action against him?

California, United States of America


The following excerpt is from Buckley, In re, 10 Cal.3d 237, 110 Cal.Rptr. 121, 514 P.2d 1201 (Cal. 1973):

In our view the statement goes beyond one reflecting a mere mental outlook or predilection and makes a charge of deliberate judicial dishonesty. We are of the opinion that the record does not support such an accusation against the judge and that the statement was insolent, offensive, insulting, and impugned the integrity of the court. We conclude that the statement was contemptuous on its face. 16 Since the contempt order is not based on 'words wholly innocuous' (Gallagher v. Municipal Court, Supra, 31 Cal.2d at p. 796, 192 P.2d 905) or on 'language of which is in itself not insolent, contemptuous or disorderly' (In re Hallinan, Supra, 71 Cal.2d at p. 1181, 81 Cal.Rptr., at p. 3, 459 P.2d at p. 257) the judge was not required first to warn petitioner before taking disciplinary action against him. (Gallagher, supra, 31 Cal.2d, at p. 797, 192 P.2d 905; In re Hallinan, Supra, 71 Cal.2d at p. 1183, 81 Cal.Rptr. 1, 459 P.2d 255.)

Other Questions


In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
Can a plaintiff in a motor vehicle personal injury action take action against the driver of the vehicle involved in the collision, if the original complaint does not name the driver? (California, United States of America)
Does Section 170.6, subdivision (2) of the Peremptory Challenge Act require counsel to disclose the identity of the assigned judge to counsel before counsel for the moving party learns that the assigning judge has been identified? (California, United States of America)
How have defendants defended their actions in a civil action brought by a plaintiff who alleges they failed to properly raise the railing to comply with the current code requirements? (California, United States of America)
Does the statute requiring the production of a video of a crime requiring that the tapes be delivered to the court for sealing be made available to the judge's presence? (California, United States of America)
What is the test for requiring a non-resident to appear before a judge in a civil action? (California, United States of America)
Is a judge assigned to pass upon a disqualification notice required to counsel counsel of the assigned or agreed upon judge? (California, United States of America)
When will the California State Bar's local administrative committee and the state bar's board of disciplinary action against petitioner for wilful failure to perform legal services for which the attorney has retained? (California, United States of America)
Can a judge take the action employed by the trial court? (California, United States of America)
Is it proper for a judge to take judicial notice of another judge's order? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.