What is the test for contempt of court when a judge is found guilty of contempt at trial?

California, United States of America


The following excerpt is from Buckley, In re, 10 Cal.3d 237, 110 Cal.Rptr. 121, 514 P.2d 1201 (Cal. 1973):

23 'Where, however, he does not act the instant the contempt is committed, but waits until the end of the trial, on balance, it is generally wise where the marks of the unseemly conduct have left personal stings to ask a fellow judge to take his place.' (Mayberry v. Pennsylvania, Supra, 400 U.S. at pp. 463--464, 91 S.Ct. at p. 504.)

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