In what circumstances will a contemnor be found in contempt of court for failing to attend the hearing of a motion for contempt against the contemnor?

California, United States of America


The following excerpt is from McCann v. Municipal Court, 221 Cal.App.3d 527, 270 Cal.Rptr. 640 (Cal. App. 1990):

A further complaint is made by contemnor that the court had already found him in contempt and should have transferred the cause to another judge. The finding of contempt, of course, usually precedes the hearing in the case of direct contempt, as we have shown. Only where the judge is "personally embroiled" in the matter is a transfer required. (In re Buckley, supra, 10 Cal.3d at pp. 255-256, 110 Cal.Rptr. 121, 514 P.2d 1201; Hawk v. Superior Court, supra, 42 Cal.App.3d 108, 131, 116 Cal.Rptr. 713.) There was no personal involvement here. The trial judge was astonishingly cool and professional throughout.

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