Concha v. Sanchez
Annotate this CaseThis case came before the Supreme Court on a petition invoking its emergency original jurisdiction to review the indefinite detention of thirty-two courtroom spectators (Petitioners) who had all been summarily ordered to jail for contempt of court by Respondent Judge Sam Sanchez after a contentious hearing evolved into a courtroom disruption created by some, but not all, of the Petitioners. The events that took place immediately after Respondent recessed the court were preserved in a digital audio recording. The noise level in the courtroom increased as the voices of the defendant and some of the spectators became louder. Thirty-nine seconds after the bailiff first told the crowd to rise and while audible statements were still being made, Respondent yelled, "That's enough! I'll hold every one of you in contempt and jail you all!" Upon review of the trial record, the Court found that the record reflects that whoever had been acting in any disruptive or disobedient manner had ceased doing so immediately upon Respondent's oral pronouncement that he was sending everyone to jail. "Petitioners clearly were jailed for the past behavior of one or more of them and not as a coercive measure to stop any continuing disorderly or disobedient behavior. Respondent lawfully could have initiated indirect contempt proceedings against those individuals whom he had reason to believe were participating in disruptive or defiant conduct, but he was required to honor the procedures of the law and the limits of constitutional due process." In this case, the Court concluded he "utterly" failed to do so. The Court held that Respondent's convictions and jail sentences of Petitioners were an unlawful abuse of judicial power requiring the Court's order that Petitioners be released from jail and that their criminal contempt convictions be vacated.
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