Cooke v. United States

In Cooke v. United States, 267 U.S. at 539, 45 S. Ct. at 395-396, 69 L. Ed. 767, 775, the United States Supreme Court expounded at length on judicial impartiality, taking a middle-of-the-road approach: "The power of contempt which a judge must have and exercise in protecting the due and orderly administration of justice and in maintaining the order and dignity of the court is most important and indispensable. But its exercise is a delicate one and care is needed to avoid arbitrary or oppressive conclusions. This rule of caution is more mandatory where the contempt charged has in it the element of personal criticism or attack upon the judge. The judge must banish the slightest personal impulse to reprisal, but he should not bend backward and injure the authority of the court by too great leniency. The substitution of another judge would avoid either tendency but it is not always possible. Of course where acts of contempt are palpably aggravated by a personal attack upon the judge in order to drive the judge out of the case for ulterior reasons, the scheme should not be permitted to succeed. All we can say upon the whole matter is that where conditions do not make it impracticable, or where the delay may not injure public or private right, a judge called upon to act in a case of contempt by personal attack upon him, may, without flinching from his duty, properly ask that one of his fellow judges take his place."