Sacher v. United States

343 U.S. 1, 72 S. Ct. 451, 96 L. Ed. 2d 717, 1952 U.S. LEXIS 2342
CourtSupreme Court of the United States
DecidedApril 21, 1952
Docket201
StatusPublished
Cited by457 cases

This text of 343 U.S. 1 (Sacher v. United States) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sacher v. United States, 343 U.S. 1, 72 S. Ct. 451, 96 L. Ed. 2d 717, 1952 U.S. LEXIS 2342 (1952).

Opinions

Mr. Justice Jackson

delivered the opinion of the Court.

After a turbulent nine months of trial, eleven Communist Party leaders were convicted of violating the Smith Act.1 On receiving the verdict, the trial judge at once filed a certificate under Rule 42 (a), Fed. Rules Crim. Proc., finding petitioners guilty of criminal contempt and imposing various jail terms up to six months. Those sentenced were defense counsel, with the exception of one defendant who had elected to conduct his own case.

The Court of Appeals reviewed the judge’s action, both on facts and law, reversed some specifications of contempt, but affirmed the conviction and sentences.2 Judge Augustus Hand, who favored affirmance on all charges, pronounced petitioners’ conduct concerted and wilfully obstructive and described it as including “persistent obstructive colloquies, objections, arguments, and many groundless charges against the court . ...”3 Judge Frank, who favored reversal of those specifications which were reversed, declared that the court affirmed the remaining ones “only because of the lawyers’ outrageous conduct — conduct of a kind which no lawyer owes his client, which cannot ever be justified, and which was never em[4]*4ployed by those advocates, for minorities or for the unpopular, whose courage has made lawyerdom proud.” 4 Judge Clark, who would have reversed the entire judgment because of the procedure under consideration by us, began his opinion: “To one schooled in Anglo-Saxon traditions of legal decorum, the resistance pressed by these appellants on various occasions to the rulings of the trial judge necessarily appears abominable.” 5

The actual effect of petitioners’ conduct on the trial and on the burden of subsequent courts in reviewing an unnecessarily large record also was noted by a differently composed Court of Appeals when they sought reversal of their clients’ conviction and assigned misconduct and bias of the trial judge as one of the grounds. The Court, found that it could not consider the accusations against the judge separately from behavior of counsel. It unanimously found their charges against the trial judge “completely unconvincing,” and of their own conduct said, “All was done that could contribute to make impossible an orderly and speedy dispatch of the case . ...”6 The nature of this obstruction was thus described:

“The record discloses a judge, sorely tried for many months of turmoil, constantly provoked by useless bickering, exposed to offensive slights and insults, harried with interminable repetition, who, if at times he did not conduct himself with the imperturbability of a Rhadamanthus, showed considerably greater self-control and forbearance than it is given to most judges to possess.” 7

We denied petition for further review of the contempt issue.8 On reconsideration, however, the importance of [5]*5clarifying the permissible practice in such cases persuaded us to grant certiorari, limited to one question of procedure on which there was disagreement in the court below. Our order stated the issue for consideration:

"... The sole question for review is: Was the charge of contempt, as and when certified, one which the accusing judge was authorized under Rule 42 (a) . . . to determine and punish himself; or was it one to be adjudged and punished under Rule 42 (b) only by a judge other than the accusing one and after notice, hearing, and opportunity to defend?” 9

The certificate of contempt fills sixty pages of our record and incorporates, by reference, the 13,000 pages of trial record. The certificate in full10 and summary of relevant evidence have been reported below. Because our limited review does not require or permit reexamination of the facts, no purpose would be served by detailed recitals. It is relevant to the questions of law to observe that the behavior punished as a result of the Court of Appeals’ judgment has these characteristics: It took place in the immediate presence of the trial judge; it consisted of breaches of decorum and disobedience in the presence of the jury of his orders and rulings upon the trial; the misconduct was professional in that it was that of lawyers, or of a layman acting as his own lawyer. In addition, conviction is not based on an isolated instance of hasty contumacious speech or behavior, but upon a course of conduct long-continued in the face of warnings that it was regarded by the court as contemptuous. The nature of the deportment was not such as merely to offend personal sensitivities of the judge, but it prejudiced the expeditious, orderly and dispassionate conduct of the trial.

[6]*6We have taken no issue as to the statute which confers power on a federal court to punish for contempt,11 but only as to the regularity of the procedure under Rule 42,12 designed to provide for the manner of exercising [7]*7that power. The issue we accepted for review is a narrow one. Petitioners do not deny that they might have been summarily punished for their conduct without hearing under Rule 42 (a) if the trial judge had acted at once upon occurrence of each incident. But it is contended that this power of summary punishment expired by reason of two circumstances: (1) that the trial judge awaited completion of the trial, at which time its progress could no longer be obstructed, and hence, it is said, summary action had become unnecessary; and (2) that he included in the certificate a charge that the contemptuous instances were the result of agreement between counsel which, if it existed, was not made in his presence. Therefore, it is argued that petitioners could not be convicted or sentenced except after notice, time for preparation of a defense, and hearing, probably before another judge, as provided in Rule 42 (b).

Rule 42 obviously was intended to make more explicit “the prevailing usages at law” by which the statute has authorized punishment of contempts. 18 U. S. C. §§ 401, 402. No legislative history sheds light on this issue. Practice of District Judges has not been uniform when they have deemed resort to the power necessary.13 A variety of questions concerning contempt powers, limitations [8]*8and procedures have been considered by this Court,14 but none construed this Rule, which was promulgated by this Court in 1944 and became effective March 26, 1946. Cases prior to it grew out of facts so distinguishing that their decisions are of little value as precedents.

Summary punishment always, and rightly, is regarded with disfavor and, if imposed in passion or pettiness, brings discredit to a court as certainly as the conduct it penalizes. But the very practical reasons which have led every system of law to vest a contempt power in one who presides over judicial proceedings also are the reasons which account for it being made summary. Our criminal processes are adversary in nature and rely upon the self-interest of the litigants and counsel for full and adequate development of their respective cases. The nature of the proceedings presupposes, or at least stimulates, zeal in the opposing lawyers.

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Bluebook (online)
343 U.S. 1, 72 S. Ct. 451, 96 L. Ed. 2d 717, 1952 U.S. LEXIS 2342, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sacher-v-united-states-scotus-1952.