Attorneys and the Summary Contempt Sanction

It is indisputable that an orderly, disciplined courtroom is a prerequisite for the administration of justice. Rules necessarily backed by sanctions insure needed decorum and sobriety within the courtroom. One method used to promote courtroom order is the summary criminal contempt procedure embodied in 18 U.S.C. § 401(1) and implemented under Rule 42(a) of the Federal Rules of Criminal Procedure. In practice, the nature of the procedure has triggered criticism that summary criminal punishment of indecorous courtroom conduct fails to provide constitutional safeguards of due process of law. Most recently, the decision of In re Dellinger has reemphasized the problems involved in the use of contempt proceedings to control the in-court disruptions caused by the "Chicago Seven" defendants and their counsel. This comment will examine the development and present status of summary criminal contempt in our federal system, especially as it applies to attorneys.