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60 Wis. 2d 754

Hoffman v. State

Wisconsin Supreme Court

Decided October 2, 1973

Wisconsin Supreme Court · decided 1973-10-02

Relies on Rubin v. State

Decided 1973-10-02

Per Curiam.

¶1In this case the plaintiff in error was committed to the Milwaukee County House of Correction for contempt of court for remarks made to Judge John L. Coffey during the defendant’s arraignment on a burglary charge.

¶2The court concludes the lower court did not abuse its discretion in finding the defendant in contempt. The remarks were directed to Judge Coffey, were made in open court, and were clearly insolent and contemptuous and tended to impair the respect due the authority of the court.

¶3The court further concludes that in the instant situation where the contempt occurred in the presence of the court and the defendant was immediately cited and *755summarily punished, the traditional concept of due process was observed. As this court said in Rubin v. State (1927), 192 Wis. 1, 14, 211 N. W. 926:

“It may be conceded that this method of dealing with direct contempt is an anomaly in our law, which guarantees due process of law. However, it grows out of necessity and is deemed essential, in order to enable courts to preserve their existence and power to confer upon society the rights which they are instituted to protect.”

¶4The order is affirmed.

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