Gilbert v. State

I must respectfully dissent to the majority’s conclusion that the appellant’s conduct cannot be labeled as either direct or indirect contempt. I find attorney Gilbert’s conduct comes within the purview of direct contempt.

On January 11, 1980, the appellant appeared before Oklahoma County District Judge Joe Cannon, pursuant to a hearing on an application for post-conviction relief. Prior to the post-conviction hearing, Mr. Gilbert presented personally to Judge Cannon a written motion to disqualify, which was immediately read by Judge Cannon in his chambers. Thereafter, the parties convened in…