delivered the opinion of the court:
This is an appeal from two orders entered on October 21, 1970, by a judge of the Circuit Court of Cook County, Minor K. Wilson, finding Ronald E. Magnes, an Assistant State’s Attorney, in direct contempt of court for actions occurring on two separate occasions and fining him the sum of $50.00 for each of the contemptuous actions. This is, in effect, two appeals of two separate cases.
The issues on review are whether an attorney was in direct contempt of court when he refused to abide by a ruling of the trial judge and persisted in pursuing a line of questioning and arguing that the court was refusing to respect the case law, and whether an attorney was in direct contempt of court when he was late for court, delayed the trial, and was argumentative and insulting in his demeanor toward the court.
On September 24, 1970, Judge Wilson advised Assistant State’s Attorney Magnes that there were two cases assigned to his courtroom the next day because the fourth term would expire then. As a consequence, he advised him that they would begin picking a jury at 9:00 A.M. the •following morning. The next day Mr. Magnes arrived in the courtroom about 9:20 after being telephoned by Judge Wilson’s bailiff. When Mr. Magnes arrived, the judge was on the bench, the panel of prospective jurors was seated in the jury box, and the defendant, appearing pro se, was seated with his advisor at counsel table. Mr. Magnes requested and was granted a conference in chambers.
In chambers, Mr. Magnes said he had not expected that a jury could be gotten at such an early hour. Judge Wilson stated he had waited until 9:20 for him to arrive and was told by his bailiff that the State’s Attorney was on his way and that he wished to expedite matters.
After some colloquy, Judge Wilson characterized Mr. Magnes’ present and past conduct as reprehensible. Then the following exchange took place:
“THE COURT: And if you can’t get here on time there is only one person to blame, and that is yourself. Now I am ready to start this trial.
MR. MAGNES: Your Honor, you have either a conscious or unconscious prejudice against me or the State’s Attorney’s Office, one or the other.
THE COURT: It is because of your conduct.
MR. MAGNES: It is not my conduct, I say respectfully. I am old enough—
THE COURT: You don’t say it respectfully.
MR. MAGNES: I am old and wise enough to have my own opinion concerning the matter. And I do believe you have a preoccupation with wanting to inconvenience and wanting to criticize, whenever possible, either me or the State’s Attorney personally. And that is unfortunate.
THE COURT: That is not true.
MR. MAGNES: Those actions will speak louder than those words, Your Honor.
THE COURT: The only criticism I have around here is your deplorable conduct in this court.
MR. MAGNES: Cite me one incident of this deplorable conduct.
THE COURT: Just by your last comment, for one example.”
During the colloquy which ensued, Judge Wilson denied Mr. Magnes’ motion for a recess to await another Assistant State’s Attorney and a motion for a recess to allow the jurors to relax in the corridor. When tibe latter motion was denied, Mr. Magnes accused the court of imposing upon the jury. The court then fined Mr. Magnes $50.00 for contempt.
Contempt of court has been defined as “conduct calculated to embarrass, hinder or obstruct a court in its administration of justice or to derogate from its authority or dignity, or bring the administration of law into disrepute.” In re Estate of Melody (1969), 42 Ill.2d 451.
The remark for which the contemnor was fined must be evaluated in the context of the situation. He had been asked by the judge the previous day to be in court at 9:00 A.M., but he did not arrive until after 9:20 after he had been called by the judge’s bailiff. His excuse was “that I had not expected the jury to be in the courtroom this early.” In People v. Buster (1966), 77 Ill.App.2d 224, a contempt order was affirmed against a defendant’s counsel when he failed to appear at the time designated. The court said:
“One of the primary duties of an attorney is that owed to the court. He is an officer of the court and owes to the court a duty to be obedient to its rules and orders. When engaged in litigation, he owes a duty to the court to appear before it upon notice and to assist the court in the expeditious consideration and disposal of pending cases.”
While the court may have excused Mr. Magnes for being late, he also harangued the court and attempted to delay proceedings twice with motions for recess, knowing full well the pressure of time under which the court was operating. Finally, he accused the judge of imposing on the jury. In this context the remark was a derogation of the authority and dignity of the court.
The second instance of contempt took place on October 14, 1970. Mr. Magnes was cross-examining a police officer with regard to the identification of photographs by two individuals at the police station. After numerous objections to the line of questioning had been sustained by the court, there was a conference in chambers:
“THE COURT: Now, Mr. Magnes, there is case after case which holds that it is quite improper to have a detective or a police officer testifying to somebody else’s identification.
MR. MAGNES: I am not making reference through this witness’s testimony to the actual identification. I am making reference to certain procedures and certain activities respecting these witnesses taking place at the police Station. I think there is a very valid and identifiable distinction.
THE COURT: I don’t agree.
MR. MAGNES: I have cases to support it.
THE COURT: I don’t agree with you and I teH you now I don’t want this kind of testimony before this jury.
MR. MAGNES: May I present to you case law to support my position?
THE COURT: No, you may not.
MR. MAGNES: I make reference—
THE COURT: I don’t want your case law.
MR. MAGNES: —to People vs. Townsend, an Illinois case.
THE COURT: I don’t want your case.
MR. MAGNES: You wish to ignore that?
THE COURT: I wish to ignore that.
MR. MAGNES: Have you read that case?
THE COURT: I forbid you to ask any questions along that line.
MR. MAGNES: Have you read that case?
THE COURT: I have.
MR. MAGNES: In spite of that case, you refuse—
THE COURT: Mr. Magnes, I have given you an order. I don’t want any more testimony from this officer along this line.
MR. MAGNES: You have made references out there in court that they are supposed to ignore the identification procedure taking place at the police station. What kind of an effect does it have on a jury? You have told them from your position in this courtroom, as judge, that they are to ignore an identification made following an incident.
THE COURT: I don’t want any more of your lip. I am fining you right now for that kind of statement to me. Fifty doHars.”
Mr. Magnes claims he was found in contempt for a single remark, but the above coHoquy shows this was not the case. It was his persistence in the face of clear and proper rulings which finally exhausted the patience of the judge. He exceeded the limits of his proper role and hindered rather than helped the search for truth. After reading the record, it is also worthy of note that the ruling made by the trial judge was entirely correct, in that the Townsend case, mentioned by Mr. Magnes, holds contrary to his position and supports the judge.
The contemnor argues his conduct was merely that of an advocate and was not legaUy contemptuous. The trial judge could see the contemnor’s mannerisms and hear the tone of his voice. The contemnor calls this courts attention to two recent cases of the Seventh Federal Circuit rendered on May 11, 1972: United States v. Seale, No. 18246, and In the Matter of David Dellinger, No. 18294. These cases are cited for the proposition that to be guilty of contempt of court one must have a specific intent to obstruct the court and cannot be guilty of contempt for merely being obnoxious. In In the Matter of David Dellinger, the court stated:
“Attorneys have a right to be persistent, vociferous, contentious, and imposing, even to the point of appearing obnoxious, when acting in their client’s behalf.”
We do not agree with the Federal Court that an attorney has the right to go so far in his conduct as to appear obnoxious to the court; however, this case does not give aid to the contemnor because the court specifically denounced such behavior as exhibited by the contemnor:
“However, this is not to say that attorneys may press their positions beyond the court’s insistent direction to desist. On the contrary, the necessity for orderly administration of justice compels the view that the judge must have the power to set limits on argument.”
We agree with the above statement and with the following statement in the Seale case, where the court stated:
“On the positive side of the obstruction question, failure to heed the directive of the court to desist from arguing, to sit down, or to remain quiet may indeed constitute an actual material obstruction to the administration of justice. The unmistakable implication of In re McConnell, 370 U.S. 230, 235, 236, is that defiance of the court’s order to cease questioning would have actually obstructed the proceedings. As governor of the trial, the trial judge must have the authority necessary to ensure the orderly and expeditious progress of the proceedings. His directives in exercise of this authority must be obeyed; otherwise the clear result would be courtroom chaos.”
In the case at bar, the contemnor either knew or should have known his conduct was wrongful. He was given considerable leeway in presenting his contention and was aware the judge understood the point he was making.
The contemnor also argues that the orders of October 21, 1970, do not properly or sufficiently set out the reasons for the findings of contempt as required by People v. Loughran (1954), 2 Ill.2d 258. We need not consider the question because this court can examine the report of proceedings which is incorporated into the record on review (In re Dunagan (1967), 80 Ill.App.2d 117; People v. Pearson (1968), 98 Ill.App.2d 203), which we have done.
For the reasons stated, we find the trial judge was correct in entering the contempt order in both cases, and they are hereby affirmed.
Orders affirmed.
ADESKO, J., concurs.