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? a ers . snes apc ae ells a rg aA ak ae arent tl TD mec Rl TN etl = neers a 3. _Qrtgpiat gen no, 10 ~~ sole 108 a: livid . Gha Ae Og, a7 UNITED * STATES GOVENNMENT M. emorandum “ NN hae h fa oh a T : WLS. WLU SUBJECT: CONTEMPT | OF COURT. fe | AS UPRE ME | The Director requested an analysis of the decision entitled Dorsey K. Offuit, an Attorney, Petitioner v. United States of America, 348 U.S. 11 (1954), mentioned to him in Judge Tamm's letter of March 20, 1970. Offut was defense attorney for one Peckham, charged \ with abortion in the District of Columbia. Peckham was convicted in a 14- -day trial. The trial was marked by hostility between Offuttand Judge Holtzoff. Holtzoff accused Offuttof “insolent, insulting and offensive remarks to the court... questions... obviously intended to besmirch a witness... boisterous, belligerent, discourteous and offensiv: tone of voice... he constantly tried to create an episode that might lead the court to direct a mistrial." Offuttv. U.S., 208 F2d 842 (1953). Offuttobjected to Holtzoff « "yell ing at me and raising your voice like that." Holtzoff said, "If you say another - word I will have the Marshal stick a gag in your mouth," Hoiltzoff toid the jury at th end that "You have been compelled to sit through a disgraceful and disreputable per- “ formance on the part of a lawyer who is unworthy of being a member of the professic and I, as a member of the legal profession, blush that we should have such a specim in our midst. Offuttv. U.S. , 348 U.S S. 11 (1954). . oA Peckham appealed and his conviction was reversed by the Court of | Appeals, District of Columbia Circuit, on the ground that Holtzoff excessively inject ™m Mm re deate numernue commoente ta dofans himself into the examination of witnesses "and judge's numerous comments to defens ‘counsel, indicating at time hostility, though under provocation, demonstrated a bias and lack of impar rane which may well have influenced the jury." .Peckham v. U.S, , 210 F2d 693 (1953), In a new trial he was convicted again and the Supreme Court : ys TT < 992 POA 24 (10 st Aan 8250 TT 9 " denied cervorari. . peck ckham v. U, D», 260 £40 09% (1955), cert, den. 350 U.S. 912. Offuttwas sentenced by Judge Holtzoff to ten ays for contempt of cow | He appealed and the Court of Appeals found that Holtzoff's judgment of contempt was : tt ; amply supported. But, the court continued, "...we think the record does not suppo! , the penalty imposed. Appellant's conduct cannot fairly be considered apart from tha of the trial judge. Each responded to great provocation from the other." The convi ‘tion for contemnt was upheld. but the sentence \ was reducedto.dé-hours. Offuttv. U. i 208 F2d 842 (1953) rs (970 nn G4 - 4 75% or - ro fos mnclosure 2-2-0 3~28-70 oe ne aren 1 - Mr. DeLoach ALOT SREB . 1-Mr Bigean Lyle ( 183 ner &F aha OVER all pI We gn *. == Ub bby DIK —— en Fa ee RNR be I ee oon