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STATE v. JENKINS12/12/1997
570, 453 A.2d 1033 (1982). We disagree. The record shows that Johnson's actions on July 2, 1996, were intentional. He purposely scheduled the conflicting hearing in Division 14 (Judge Parrish) without notifying anyone in Division 12 (Judge Buchele) ahead of time. He attended the Division 14 hearing, knowing that the Division 12 preliminary hearing was scheduled for the same time. He took the chance that his matter before Judge Parrish would conclude before the preliminary hearing started. He made no effort either to contact Judge Buchele during the morning of July 2, 1996, or keep Division 12 posted on his status. He left for an out-of-town meeting shortly before noon, knowing that the preliminary hearing had been re-scheduled for 1:30 p.m. He showed up late for that hearing. Judge Buchele's first order said:
"While counsel sometimes are late and occasionally have conflicts which necessitate last minute rescheduling, and counsel sometimes confuse or forget court dates, in the fifteen years the Court has been a judge in this judicial district there has never been such an intentional, arrogant and flagrant disregard of the Court's schedules as that set forth above. Not only did Mr. Johnson apparently assume
that his schedule was paramount to everyone else's involved in this hearing, including the Court's, but he made no attempt to give notice or to communicate with anyone his whereabouts the morning of July 2, 1996 and compounded the matter by going to Lawrence when it was evident that it would make him late for the rescheduled hearing."
There is ample evidence in the record to support a determination that Johnson was in direct contempt of court.
Recusal
Johnson argues that Judge Buchele should have sua sponte recused himself from hearing the contempt proceeding because of the judge's involvement in the facts. Johnson contends that Judge Buchele became so personally embroiled in the controversy that he could not grant a fair hearing. We disagree.
We said in State v. Pondexter, 225 Kan. 425, 433-34, 590 P.2d 1074 (1979):
"When the conduct of the contemner consists of personal vilification or an attack upon the integrity of the presiding judge, the judge should recuse himself and another judge should be called to hear and determine the charges. However, a judge is not always disqualified from hearing a direct criminal contempt, the basis for which arose while he was previously presiding in court. When the words or conduct of the contemner are not such as to constitute an insult to the judge personally or attack his judicial integrity, it may be proper for that judge to give notice, afford full opportunity for a hearing, and conduct a judicial hearing dispassionately and with fitting decorum. When this has been accomplished the contemner's due process rights have been adequately protected regardless of which judge presided at the contempt hearing."
While the exchange between Judge Buchele and Johnson maintained a sharp tone, Johnson made no personal attacks against the judge or his integrity. Johnson expressed dismay at the current procedure for scheduling preliminary hearings. According to Johnson, the scheduling procedure often resulted in late starts because other cases involving waivers or pleas were taken up first. Johnson saw himself as being singled out. According to Johnson, other attorneys were also late without any repercussions. Based on the Pondexter criteria, nothing said during that exchange required a sua sponte recusal by Judge Buchele.
Attorney Fees
The sanction included $200 for 2 hours of waiting by both the assistant county attorney and the publ
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