HOLT ET AL. v. VIRGINIA
No. 464
Supreme Court of the United States
Argued April 27-28, 1965. Decided May 17, 1965.
381 U.S. 131
MR. JUSTICE BLACK delivered the opinion of the Court.
The petitioners, both of whom are lawyers, were adjudged guilty and each was fined $50 for contempt of court by the Circuit Court of the City of Hopewell, Virginia. The Virginia Supreme Court of Appeals affirmed, rejecting petitioners’ contentions that their convictions violated the Due Process Clause of the Fourteenth Amendment. 205 Va. 332, 136 S. E. 2d 809. We granted certiorari. 379 U. S. 957.
The charges against petitioners came about in this way. Petitioner Dawley represented certain defendants in a libel suit pending before Circuit Judge Holladay. The libel case was dismissed by agreement of the parties. After the dismissal Judge Holladay had the court clerk and counsel, including the petitionеr Dawley, come into the judge‘s chambers and there the judge asked Dawley three times if he had had anything to do with making the defendants in the libel case “unavailable to be served with subpoenas.” Dawley refused to answer and later, in сourt, again refused to answer. Judge Holladay then directed the Commonwealth‘s Attorney to prepare an order directing Dawley to show cause why he should not be punished for contempt. Dawley thereafter filed a motiоn requesting Judge Holladay to disqualify himself from trying the contempt case. Judge Holladay denied this motion. Dawley then filed a motion for change of venue. Petitioner Holt appeared as counsel representing Dawley and read this motion to the judge as a part of his argument urging a change of venue. It is upon the allega-
Thе motion for change of venue charged, among other things, that because of local prejudice Dawley could not get a fair trial in Hopewell and, crucial to this contempt conviction,
“3. That the said Judge Carlton E. Holladay, who presided as Judge in said libel suit, and who fails and refuses to disqualify himself as Judge in the pending trial of the Defendant, E. A. Dawley, Jr., has, with respect to said contempt action and is now in effect and/or in fact acting as policе officer, chief prosecution witness, adverse witness for the defense, grand jury, chief prosecutor and judge.
“4. That in addition to the foregoing, said Judge Carlton E. Holladay did intimidate and harass and is intimidating and harassing the lawyer representing said E. A. Dawley, Jr., viz, Leonard W. Holt, Esq., the effect of which is to seriously hamper the efforts of said Leonard W. Holt in defending the said E. A. Dawley, Jr.; that said harassment and intimidation arises out of and is connected solely with said Leonard W. Holt‘s participating in the defense of said E. A. Dawley, Jr. in the contempt action; that part of said harassment and intimidation occurred at a hearing of this contempt action in the Hopewell Circuit Court on January 8, 1962, at which hearing the said Carlton E. Holladay revealed that he had been making an independent investigation and inquiry of Mr. Holt‘s conduct in this contempt defense, and said Judge at said place and time made the statement that he would ‘deal with’ said Leonard W. Hоlt after he, the judge, had dealt with said E. A. Dawley, Jr.”
“The Court: On the motion for change of venue, does that apply whether your client would be triеd before a jury or before the Court? Does it apply in both cases?
“Mr. Holt: We say it would apply.
“The Court: Apply in both cases.
“At this time I might say that I do not see how that this Court can pass unnoticed the matters and things that have been presented to the Court by Mr. Dawley in a plea filed in the Court аnd presented here in Court and by Mr. Holt as his counsel and argued in court. I think that the plea is contemptuous, I think the argument is contemptuous.
“At this time both E. A. Dawley, Jr., and Leonard W. Holt are held and adjudged summarily to be in contempt of this Court.
“I will take under advisement the punishment and advise you of it during the day.
“Court will adjourn for lunch.
“Mr. Holt: Please, before the Court adjourns, may we get the specificity on the part of the Court regarding what is considered in the pleading, if anything, contemptuous? I think under the laws of thе Commonwealth and United States we are in this position—that if something has been said which is contemptuous, there be elements of intent that should be present, and if the element of intent be present, and there are certain things which flоw under it in terms—
“The Court: I don‘t think that you need any specification or bill of particulars on that. I think that you can read it, Mr. Dawley can read it, and I think it is plain to the people who are in the court-
room that the remarks are contemptuous, and you summarily have been held in contempt of Court. “And Court stands adjourned at this time for lunch.”
Thereafter the judge denied the motion for change of venue and fined each petitioner $50.
The Virginia Supreme Court of Appeals, in affirming, held that the languagе used in the motion violated
As previously stated, the words used in the motions were plain English, in no way offensive in themselves, and wholly appropriate to charge bias in the community and bias of the presiding judge. The Supreme Court of Appeals of Virginia cоnsidered the motion for change of venue “a vehicle to heap insults upon the court, a studied attempt to smear the judge.” 205 Va., at 338, 136 S. E. 2d, at 814. But if the charges were “insulting” it was inherent in the issue of bias raised, an issue which we have seen had to be rаised, according to the charges, to escape the probability of a constitutionally unfair trial. Virginia apparently contends here that the right to present a defense is not involved in this case either (1) because the motion for change of venue was not in the proper form and not authorized by state law in such circumstances, or (2) because the charges of bias were false. As to the first argument, assuming it could have any relevance where a defendant asserts a federally guaranteed right to a fair trial, the motion for change of venue was duly filed with the clerk, and the trial court without objection set it down for hearing, specifically invited argument on it, and decidеd the motion on the merits, without any intimation that a motion for change of venue was not proper in these circumstances. Nor can we accept Virginia‘s apparent contention that the contempt conviсtions should be sustained on the ground that petitioners’ charges of bias were false. The issue of truth or falsity of these charges was not heard, the trial court choosing instead to convict and sentence petitioners for having done nothing more than make the charges. Even if failure to prove their allegations of bias could under any circumstances ever be made part of the basis of a contempt charge against petitioners, these сonvictions cannot rest on any such unproven assumption.
Reversed and remanded.
MR. JUSTICE HARLAN, dissenting.
The Virginia Supreme Court of Appeals has in effect held that the manner in which petitioners presented their motion for a change of venue violated professional standards governing members of the Virginia Bar. This Court now sets asidе the trivial disciplinary penalty imposed simply because in its view petitioners’ conduct was not out of bounds. Believing that any differences over the professional propriety of petitioners’ actions involve nothing of сonstitutional proportions, I would affirm the judgment of the Virginia Supreme Court of Appeals.*
Notes
“(1) Misbehavior in the presence of the court, or so near thereto as to obstruct or interrupt the administration of justice;
“(2) Violence, or threats of violence, to a judge or officer of the court, or to a juror, witness or party going to, attending or returning from thе court, for or in respect of any act or proceeding had or to be had in such court;
“(3) Vile, contemptuous or insulting language addressed to or published of a judge for or in respect of any act or proceeding had, or to be had, in such court, or like language used in his presence and intended for his hearing for or in respect of such act or proceeding;
“(4) Misbehavior of an officer of the court in his official character;
“(5) Disobedience or resistance of an officer of the court, juror, witness or other person to any lawful process, judgment, decree or order of the court.”