Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-04-22

/ In re WOoley II NY. 50, It was held
tat to incorporate into a Potion for
rehearing the statement that Your
.-onors nave rendered an unjust de-
cree and othe. insulting matter, is
to commit in open court an act con-
stituting contempt on the part of the
attorney; and hat where the Ian
guage spoken or written is. of itself |
necessarily offensive, the disavowal OF
an intention to commit a contempt |
| may tend to excuse but cannot justify
the act. From paragraph in that
opinion We quote:
can attorney may unfit himself for
the practice of his profession by the
manner in which he conducts himself
in his intercourse with the courts. He
may be honest and capable, and yet
he may so conduct himself as to contin-
ually interrupt the business of the
courts in which he practices; or he
may by a systematic and continuous
course of conduct, render it impossi-
BILE for the courts to preserve their
self-respect and the respect of the
public and at the same time permit
him to act as an officer and attorney.
An attorney who thus studiousiy and
systematically attempts to bring the
/ tribunals of justice into public con-
tempt is an unfit person to hold the
position and exercise the privileges of
all officer of those tribunals. An open
notorious and pubic insult TO the
highest judicial tribunal Of the State
for which an attorney cOntumaciously
; refuses in any way to atone, may JUS
| tify the refusal of that tribunal TO
recognize him in the future as one Of
it's officers
n In re Cooper. 80 Vt. 262. the re-
: spondent was fined for ironically stat
sng to a Justice Of the peace, Il think
this magistrate wiser than the SUI
> pTeme court. Redheid. I. j., SAID:
The counsel must submit in JUS
> tice court as we'll as in this court,
;. and with the same formal respect,
\ howe er difficult. it may lie either
y here or there"
: I'VE do not see that the relator has
: any alternative eft him but the sub
- mission to what he no doubt regards
y as a misapprehenSion of the law. both
on the part of the justice and of this
Is court And in that respect he is in a
condition very similar to many who
- have failed to convince others of the
,. soundness of their own views, or to
' !
L. falacy"
:, In Mahoney V. State. 7c \. E. Isl,
=. an attorney was fined $50 for saying
20 81 want to see whether the court is
= | right or rot ! want t. know whether
am going 70 be heard in this case in
- the interests Of my client nr M
= and making other insolent statements
of In Redman v State IS Ind. the judg,
~ informed counsel that a question was
m | improper and the attorney replied
-. ! eff we cannot examine our witnesses
:. he can stand aside This language
=, | was deemed offensive ana the cour
prohibited that particular attorney
or from examining the next witness.
rt In Brown V. Brown " Ind. 727. tn
lawyer was taxed with the cost Of TIL
" action for filing and reading petition
,if for divorce which was unnecessaril!
nj; gross and indicate.
he In Mccormick V. Sheridan. 20 P. "a
n IS. Cal. "a petition for rehearins
nv stated that how or why the HONORABLE
of commission should have so effectuali.
,g- and substantially ignored and disre
re garded the uncontradicted testimony
)" we do not know. It seems that nei
of Their the transcript nor our brief
az could have fallen under the commits
on sioners observation. A more disir
of genious and misleading statement o
nd the evidence could not we'll be made
on It is substantially untrue and unwaY
Of ranted. The decision seems to us t
lat be a traversity of the evidence" Hell
he that counsel drafting the petition wa
lpt guilty of contempt committed in tn
in face of the court. notwithstanding
fiji disavowal of disrespectful intention
is. A fine of 5000 was imposed with an a
tentative Of serving in jail.
ne The Chief Justice speaking for tn
av- court in State v Morrill,. 16 Ark 81
al said:
lai ''If it was the general habit of tn
IN community to denounce. degrade, an
OF disregard the decisions and Judgment
or of the courts. no man of self-respec
'lx and just pride of repu: al III w.'d.d re
ot main upon the bench. and such onl
ne would become the ministers of tn
g law as were insensible to defaR alto
it and contempt. But happily for tn
ne good order of society men. an espel
NJ tally the people of this country ar
to generally disposed to respect an;
I'd abide the decisions of the tribunal
IS ordained by government as the CON
mon arbiters Of their rights. Blu
c. where isolated individuals, In viola
s ton of the better instincts of human
a nature. and aisregardfu1 of law AM
t. order, wontanly attempt to obstruc
)t the course of public justice by disre
e garding and exciting disrespect 70
IL the decisions of its tricnna.s. ever
lie good citizen will point them out a.
in proper subjects for legal anlmadver
sion.
a. A court must naturally look first t.
e. an enlightened and conservative bar
IL governed by high sense OF profes
4: sional ethics and deeply sensible, a
d they always are. of it's necessity t
Of aid in the maintenance OF public res
er pect for its opinions"
b. In Somers " TOrrey s Paige Oh 6
OF - l,x,l 4 IL. -