(Download) "State Ex Rel. Moser v. Dist. Court" by Supreme Court of Montana * eBook PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. Moser v. Dist. Court
- Author : Supreme Court of Montana
- Release Date : January 25, 1944
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
District Courts ? Judges ? Contempt of Court ? Jurisdiction ? Disqualification of Judges ? Criticism of Rulings and Decisions not Improper ? Judges testifying as Witnesses ? Abuse of Discretion. District Courts ? Judges ? Disqualification ? Jurisdiction. 1. There appears no material difference between a district judge voluntarily disqualifying himself, under section 9094, sub. 4, Revised Codes, from presiding in a cause by calling in another district judge, and disqualification brought about by a litigant filing an affidavit of disqualification for imputed bias or prejudice under the provisions of subsection 4 of section 8868, Revised Codes; in either event, upon accepting the call the called-in judge is vested with complete jurisdiction of the particular cause and retains it for all purposes. Same ? "Jurisdiction" ? Definition. 2. "Jurisdiction" of a cause pending in court means the legal power to interpret and administer the law in the premises, the right to adjudicate concerning the subject matter thereof, and the power to render judgment therein. Same ? Contempt ? Jurisdiction. 3. Where a district judge had called in a judge of another district to try a cause in which an alleged contempt occurred and the latter had assumed jurisdiction, the former had no authority to cite for contempt for an occurrence in the cause after the called-in judge had - Page 306 appeared and assumed jurisdiction, nor of an occurrence in a previous action between the same plaintiff and another defendant which had been finally disposed of by the supreme court and was no longer pending in any court. Same ? Criticism of Rulings or Decisions not Improper. 4. Criticism of a courts rulings or decisions is not improper and may not be restricted after the cause in which made has been finally disposed of and has ceased to be pending. Same ? Judges have Redress for Libel or Slander ? What Constitutes Contempt. 5. A judge, as an individual, has the same right as any other person to redress if he be libeled or slandered, but neither libel nor slander constitutes contempt unless the attack on the character or the acts of the judge interferes with the administration of justice by the judge attacked. Same ? What Constitutes Contempt. 6. To constitute a direct contempt the offending acts of the contemnor must have occurred in the presence of the court while it was engaged in official duty or was in session. Same ? Disqualification of Trial Judges for Imputed Bias or Prejudice not Applicable in Contempt Proceedings. 7. The statutory provisions for the disqualification of trial judges for imputed bias or prejudice (sec. 8868, sub. 4, Rev. Codes) are not applicable in contempt proceedings. Same ? Contempt ? District Judge presiding at Hearing of own Case and Testifying as witness ? Judgment Reversed on Certiorari. 8. Where a district judge committed error not only in citing one for direct contempt for attacking his personal integrity in a matter which arose out of past litigation in his court but also in presiding at the hearing in which he was personally interested should have called in another judge, and in testifying as a witness in his own behalf (see par. 9), his judgment fining contemnor and imposing a jail sentence reversed on application for writ of certiorari with direction to dismiss the proceeding. Same ? What Constitutes Abuse of Discretion of District Judge. 9. Under section 10537, Revised Codes, providing that a district judge may be called as a witness by either party but that in such a case it is in the discretion of the court or judge to order that the trial be had before another judge, held that failure of the judge, when confronted with such a situation in a contempt proceeding which involved attacks upon his personal conduct, to call in another judge but instead presiding himself at the hearing and testifying in his own behalf, constituted an abuse of the discretion lodged in him.