In re Little/Concurrence Burger

by Warren Burger

MR. JUSTICE BURGER, with whom MR. JUSTICE REHNQUIST joins, concurring.

I agree with the Court's disposition of the case that something more needs to be said.

A contempt holding depends in a very special way on the setting, and such elusive factors as the tone of voice, the facial expressions, and the physical gestures of the contemnor; these cannot be dealt with except on full ventilation of the facts. Those present often have a totally different impression of the events from what would appear even in a faithful transcript of the record. Some measure of the flavor of what really occurred in this episode, and of the petitioner's attitude and demeanor, how his spoken words impressed those present, may be [p557] gleaned from the events and utterances described in the Court's per curiam opinion.

The North Carolina court is, of course, free to promptly summon this petitioner before it and, observing the strictures of Mayberry v. Pennsylvania, 400 U.S. 455 (1971), issue process requiring him to show cause why he should not be held in contempt for the conduct and utterances following the contempt adjudication.

Notes