Ex parte Daniels
Texas Court of Appeals
722 S.W.2d 707 (1987)
Pamela Daniels, appearing pro se, argued with Judge Max Boyer, who ordered her to leave the courtroom and not return without counsel. Daniels did not leave immediately; a bailiff escorted her out, and at the courtroom door she allegedly tried to strike the court's master with her purse before being subdued and thrown against the wall by the bailiff. About four hours later, the judge summarily convicted Daniels of direct criminal contempt without appointing her counsel, jailing her for 30 days and fining her $33; the judge acknowledged he had not personally witnessed the alleged assault attempt but knew Daniels had done something disruptive at the courtroom door. Daniels later obtained counsel and filed a habeas petition, arguing the contempt was constructive (not direct) because the judge didn't personally see the conduct, entitling her to appointed counsel.
Whether contempt that occurs within the physical presence of the court, but is not personally witnessed by the presiding judge, qualifies as direct contempt -- for which the accused has no right to appointed counsel -- rather than constructive contempt.