John J. Gibbons, & v. United States Dist. Court for the Dist. of Nevada, 416 F.2d 14 (9th Cir. 1970). · Go Syfert
John J. Gibbons, & v. United States Dist. Court for the Dist. of Nevada, 416 F.2d 14 (9th Cir. 1970). Cases Citing This Book View Copy Cite
1 citation event across 1 distinct court.
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At page 15 provision allowing district court to remove bankruptcy judge is a “court administrative section1 citing case1 citing court put it this way
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John J. GIBBONS, Appellant and Defendant,
v.
UNITED STATES DISTRICT COURT FOR the DISTRICT OF NEVADA, Appellee
23902.
Court of Appeals for the Ninth Circuit.
Jan 19, 1970.
Published opinion
416 F.2d 14
John J. Gibbons in pro. per., Robert S. Linnell (argued), U. S. Atty., Julien G. Sourwine, Asst. U. S. Atty., Reno, Nev., for appellee.
Chambers, Koelsch, Kilkenny.
Cited by 1 opinion  |  Published
PER CURIAM:

Lawyer Gibbons has been assessed a five hundred dollar fine for contempt of court. The alleged contempt was in a supporting memorandum on an issue on review in the District Court in which Gibbons sought to disqualify one of the Nevada referees in bankruptcy who was handling a Nevada bankruptcy matter. Indirectly, the attack succeeded because the referee asked the district judge to be relieved of the whole bankruptcy case. This was done.

We hold that there was a direct contempt and that the district judge had a right to dispose of the issue within the limits of what was done.

All we really see in the case is that counsel lost his temper and then was too stubborn to express his regrets, which co-counsel did. The latter was left untouched by the court. We do not find any moral turpitude.

Gibbons made the mistake of seizing upon 11 U.S.C. § 62(b) as grounds for removal of the referee for his client’s case. We say that that section gives no vested right to a litigant, but is a court administrative section for complete removal from office of a referee by a court.

Failure to confine himself to 11 U.S.C. § 67(b) may have led counsel into error.

Also, once in trouble, counsel has chosen to represent himself, always a dangerous thing for a lawyer.