The _locus classicus_ on the subject of contempt by attacks on judges is
a judgment prepared by Sir Eardley-Wilmot in the case of an application
for an attachment against J. Almon in 1765, for publishing a pamphlet
libelling the court of king's bench. The judgment was not actually
delivered as the case was settled, but has long been accepted as
correctly stating the law. Sir Eardley-Wilmot said that the offence of
libelling judges in their judicial capacity is the most proper case for
an attachment, for the "arraignment of the justice of the judges is
arraigning the king's justice; it is an impeachment of his wisdom and
goodness in the choice of his judges; and excites in the minds of the
people a general dissatisfaction with all judicial determinations, and
indisposes their minds to obey them. To be impartial, and _to be
universally thought_ so, are both absolutely necessary for the giving
justice that free, open and uninterrupted current which it has for many
ages found all over this kingdom, and which so eminently distinguishes
and exalts it above all nations upon the earth." Again, "the
constitution has provided very apt and proper remedies for correcting
and rectifying the involuntary mistakes of judges, and for punishing and
removing them for any perversion of justice. But if their authority is
to be trampled on by pamphleteers and news-writers, and the people are
to be told that the power given to the judges for their protection is
prostituted to their destruction, the court may retain its power some
little time, but I am sure it will eventually lose all its authority."
The object of the discipline enforced by the court by proceedings for
contempt of court is not now, if it ever was, to vindicate the personal
dignity of the judges or to protect them from insult as individuals, but
to vindicate the dignity and authority of the court itself and to
prevent acts tending to obstruct the due course of justice. The question
whether a personal invective against judges should be dealt with _brevi
manu_ by the court attacked, or by proceedings at the instance of the
attorney-general by information or indictment for a libel on the
administration of justice or on the judge attacked, or should be dealt
with by a civil action for damages, depends on the nature and occasion
of the attack on the judge.
Public-domain text, read in full here on John Shaqi.
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