Ex Parte Daniels

722 S.W.2d 707 (1987)

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Nature of the Case

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Facts

P was appearing pro se in Judge Boyer's courtroom. P became involved in an argument with Judge Boyer. The judge ordered P to leave the courtroom and to not return until she obtained counsel. When applicant failed to leave the courtroom immediately, the bailiff was ordered to escort her out. P went peacefully with the bailiff until they reached the doorway of the courtroom. P is alleged to have physically attacked the master of the court. The bailiff then moved to restrain P, and a general disturbance erupted in which several people were involved. The judge ordered P brought before him for a summary contempt proceeding. P did not have the benefit of retained counsel but instead continued to act in a pro se capacity. P was found to be in direct criminal contempt and ordered to be confined in jail for a period of thirty days. No fine was imposed. P was ordered to pay thirty-three dollars in court costs. P filed a writ of habeas corpus. P alleges that he was denied due process of law during the contempt proceedings because she had no lawyer. In part, P argued that the judge did not see most of the activity making it constructive rather than direct contempt and therefore she should have had counsel. The judge responded that he had no knowledge of the assault but was aware that P had disrupted the courtroom.