Bethard v. District of Columbia

I agree that the order of contempt must be reversed, but not for the reasons stated by the majority.

A brief recitation of the facts is in order. Bethard, having been charged with driving under the influence, appeared in the traffic court on the morning of April 17, 1992, for trial. The judge observed Bethard nodding off, and stumbling and falling over other people seated in the courtroom which the judge found disruptive. On two occasions the judge dispatched the deputy United States Marshal to “check on [Bethard’s] condition.” Efforts to locate Bethard’s counsel were unsuccessful and, “after…