People v. Perez

When traffic court judge took a recess at 11:30 a.m., Respondent, having waited to appear on speeding ticket, exited courtroom and bailiff overheard her say, "I waited all fucking morning and now she takes a break." Bailiff told judge of comment; judge returned to bench and instructed State to prepare and file petition for contempt. Court denied Respondent's request for short continuance to prepare for trial, and held hearing on same day, which raised due process concerns as to adequate notice. Evidence did not prove Respondent intended to embarrass the judge, as statement was not made directly to judge or identify judge by name; and remarks about delay may be protected First Amendment speech. State failed to establish indirect criminal contempt beyond a reasonable doubt. (LYTTON, concurring; HOLDRIDGE, specially concurring.)