Kunstler v. Galligan
Appellate Division of the Supreme Court of New York, First Department
168 A.D.2d 146 (App. Div. 1991)
Attorney William M. Kunstler asked the court to vacate his client's conviction because a juror had read and shared media accounts of the trial; the judge denied the motion without a hearing or argument. Kunstler declared this outrageous, challenged the ruling, and the judge reiterated he would not hear argument and directed the clerk to call the next case. Kunstler then told the judge, "You have exhibited what your partisanship is. You shouldn't be sitting in court. You are a disgrace to the bench," prompting the judge to hold him in contempt on the spot; Kunstler continued arguing that every case involving possible juror misconduct requires a hearing and that the judge was "violating every standard of fair play," and the judge reiterated the contempt finding and imposed a $250 fine or 30 days in jail. Kunstler petitioned to annul the contempt charge, arguing his conduct didn't justify contempt and he had no opportunity to be heard before punishment.
Whether the court may hold an attorney in summary contempt and impose sanctions for courtroom conduct that disrupts, or threatens to disrupt, ongoing proceedings, or tends to destroy or undermine the court's authority to conduct business appropriately.