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Fred Hampton — Part 3
Page 122
122 / 251
118 Nos. 77-1698, 77-1210 & 77-1870
that treatment is well within responsive limits. We
have said before, and we repeat, such claims should’
not be rade at all unless they are very sound. The
proposition that counsel cun disresard the court’s
instructions, obtain a rebuke and then preserve the
. Incident as insurance in the event the case is lost,
does not sit well.
It appears to me that Judge Perry displayed wisdom
and patience in a vigorously contested case with
contentious counsel and that his rulings followed the
governing rules of evidence, producing a fair trial for
the plaintiffs.
6. The Contempts. The authority of a federal judge
to punish summarily for conduct constituting contempt
committed “in the actual presence of court” as well as
the procedure to be followed, is established by Rule 42(a)
of the Rules of Criminal Procedure.
Rule 42(a) reads:
(a) Summary Disposition. A criminal contempt
may be punished summarily if the judge certifies
that he saw or heard the conduct constituting the
contempt and that it was committed in the actual
presence of the court. The order of contempt shall
recite the facts and shall be signed by the judge and
entered of record.
The authority to punish summarily applies to behavior
of counsel. Sacher v. United States, 348 U.S. 1 (1952). See
also United States v. Wilson, 421 U.S. 309 (1975). In
Sacher the issue arose from a nine month trial, one-half
the length of the present case. During the Sacher trial
defense counsel, in the presence of the trial judge and in
the face of repeated warnings from him that their
conduct was regarded as contemptuous, persisted in a
course of conduct that was highly contemptuous and
that tended to disrupt and delay the trial and possibly to
cause a mistrial. Upon receiving the verdict of the jury
at the conclusion of the trial, the trial judge, without
further notice or hearing, immediately filed a certificate
under Rule 42(a) of the Federal Rules of Criminal
Procedure summarily finding such counsel guilty of
af
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