Pounders v. Watson, 521 U.S. 982, 2 (1997) (per curiam)

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Cite as: 521 U. S. 982 (1997)

Per Curiam

is justified in acting swiftly to prevent a breakdown of the proceedings during an ongoing trial, id., at 319. Seriously prejudicing the jury, as the trial court found here, is comparable in terms of damage to the administration of justice to the refusals to testify in Wilson. There is no need to explore here what limitations and standards due process imposes on the authority to issue a summary contempt order, since respondent's conduct was well within the range of contumacious conduct disruptive of judicial proceedings and damaging to the trial court's authority.

Certiorari granted; 102 F. 3d 433, reversed.

Per Curiam.

In this case the Court of Appeals for the Ninth Circuit granted respondent's habeas corpus petition and held invalid on due process grounds her conviction for summary contempt before a state-court judge for conduct in open court. The Court of Appeals misinterpreted the constitutional requirements for imposition of a summary contempt order. We grant the petition for a writ of certiorari and reverse.

Respondent Penelope Watson is an attorney who represented William Mora in a multidefendant murder trial in the Superior Court of the State of California in and for the County of Los Angeles. The Honorable William Pounders presided over the case, and he is the petitioner here. On April 7, 1994, counsel for one of Mora's codefendants repeatedly raised in open court the issue of the punishment defendants might receive if they were convicted. Judge Pounders stated that possible punishment " 'is not a subject that's open to discussion. It should not be explored.' " App. to Pet. for Cert. 20. Though it is not clear whether this was said at a bench conference only or reiterated in open court, it seems respondent remained at the defense table during the bench conference. Her co-counsel, Joseph Gutierrez, was at the bench on behalf of their client Mora. In later proceedings, Judge Pounders noted that "Miss Watson is no more than six feet away from us when we're at the side bar conference. She's at the end of the center table closest to the bench and only a matter of feet away." Id., at 36.

983

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