What is the test for a judge to be found in contempt of court?

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):

26 'A judge should bear in mind that he is engaged, not so much in vindicating his own character, as in promoting the respect due to the administration of the laws; and this consideration should induce him to receive as satisfactory any reasonable apology for an offender's conduct.' See also Lyons v. Superior Court (1955) 43 Cal.2d 755, 763, 278 P.2d 681, 685: 'Likewise, even where the finding of contempt appears essential to the proper conduct of the court's business no class of offense occurs to us in which the court should more readily search out and give effect to mitigating circumstances than in cases of direct contempts.'

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