Summary

Johnson v. Mississippi — Opinion of the Court

In concluding that Judge Perry should have recused himself, we do not rely solely on the affidavits filed by the lawyers reciting intemperate remarks of Judge Perry concerning civil rights litigants. Beyond all that was the fact that Judge Perry immediately prior to the adjudication of contempt was a defendant in one of petitioner's civil rights suits and a losing party at that. From that it is plain that he was so enmeshed in matters involving petitioner as to make it most appropriate for another judge to sit. Trial before 'an unbiased judge' is essential to due process.
Source: Wikisource

Johnson v. Mississippi — Opinion of the Court

He denied petitioner's request for a hearing on the merits and for an opportunity to show why Judge Perry should recuse himself. On appeal the Supreme Court of Mississippi affirmed the contempt but reduced the sentence to one month. 233 So.2d 116. The case is here on a petition for a writ of certiorari which we granted. 400 U.S. 991, 91 S.Ct. 464, 27 L.Ed.2d 438.
Instant action may be necessary where the misbehavior is in the presence of the judge and is known to him, and where immediate corrective steps are needed to restore order and maintain the dignity and authority of the court. Cooke v.
Source: Wikisource

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