Supreme Court of New Jersey
In the Matter of John W. Yengo, Esq., Charged With Contempt
August 4, 198084 N.J. 111
Summary
The Supreme Court of New Jersey held that an attorney's unexcused and unexplained absence from a criminal trial can constitute direct contempt in the presence of the court, justifying summary punishment under R. 1:10-1. The Court affirmed the trial judge's contempt conviction and $500 fine, finding no right to a jury trial for a petty contempt offense. It also clarified that a summary contempt proceeding does not require indictment or jury trial when the penalty does not exceed a $1,000 fine. A concurring opinion agreed with the result but emphasized that the conduct was a direct affront to judicial authority.