Ungar v. Sarafite/Concurrence Harlan

by John Marshall Harlan II

United States Supreme Court

376 U.S. 575

Ungar  v.  Sarafite

 Argued: Feb. 24, 1964. --- Decided: March 30, 1964

Mr. Justice HARLAN, concurring.

I agree with and join the opinion of the Court, but wish to add that the contempt procedure employed by Judge Sarafite accorded Ungar more than his due under Sacher v. United States, 343 U.S. 1, 72 ,S.Ct. 451, 96 L.Ed. 717. In light of that case it is clear that Judge Sarafite, so far as the Federal Constitution is concerned, could have proceeded at the close of the main trial to hold Ungar in contempt without any hearing at all. The fact that the contempt adjudication followed a five-day notice given Ungar two days after the close of the trial cannot, as a constitutional matter, well be deemed to have extinguished the judge's power to proceed summarily.

Mr. Justice DOUGLAS, with whom Mr. Justice BLACK and Mr. Justice GOLDBERG concur, dissenting.

Notes