dissenting:
I must respectfully dissent to the majority’s conclusion that the appellant’s conduct cannot be labeled as either direct or indirect contempt. I find attorney Gilbert’s conduct comes within the purview of direct contempt.
On January 11, 1980, the appellant appeared before Oklahoma County District Judge Joe Cannon, pursuant to a hearing on an application for post-conviction relief. Prior to the post-conviction hearing, Mr. Gilbert presented personally to Judge Cannon a written motion to disqualify, which was immediately read by Judge Cannon in his chambers. Thereafter, the parties convened in the courtroom to conduct the post-conviction hearing.
The trial judge requested that Mr. Gilbert approach the bench and inquired whether he had drafted the motion to disqualify. He acknowledged that it was his motion. Mr. Gilbert was then informed by the judge that the motion was contemptuous, and then advised him why he should not be held in direct contempt of court.
In response, the appellant requested a consultation with counsel before making any statements. His request was granted. Later that day, after Mr. Gilbert had an opportunity to consult with an attorney, the contempt proceeding was resumed.
I find the central issues on appeal to be twofold. First, did the attorney’s actions constitute direct or indirect contempt? *1235Second, should the trial judge have disqualified himself from the contempt proceeding?
DIRECT OR INDIRECT CONTEMPT
The Oklahoma Constitution mandates that no penalty or punishment can be imposed in any contempt proceeding “until an opportunity to be heard is given.” Okla. Const., art 2, § 25. Unlike many jurisdictions and the federal constitution, the Oklahoma Constitution affords a contemner an opportunity to be heard in all criminal contempt proceedings.
The Oklahoma Legislature, pursuant to the authorization given by the Oklahoma Constitution, has divided contempt of court into two categories: direct or indirect contempt, Okla.Const., art. 2, § 25. The statute provides:
Contempts of court shall be divided into direct and indirect contempts. Direct contempts shall consist of disorderly or insolent behavior committed during the session of the court and in its immediate view, and presence, and of the unlawful and wilful refusal of any person to be sworn as a witness, and the refusal to answer any legal or proper question; and any breach of the peace, noise or disturbance, so near to it as to interrupt its proceedings, shall be deemed direct contempt of court, and may be summarily punished as hereinafter provided for . .. 21 O.S.1981, § 565.
Direct contempt is defined as disorderly or disrespectful behavior committed in the immediate presence of the court while in session. (Emphasis added). Champion v. State, 456 P.2d 571 (Okl.Cr.1969). It is conduct which offends the dignity and authority of the court or judge creating a threat to the orderly administration of the court. The judge must have the power to immediately suppress such behavior or the integrity of our judicial system would be in peril.
In Offutt v. United States, 348 U.S. 11, 75 S.Ct. 11, 99 L.Ed. 11 (1954), the Supreme Court succinctly stated:
The pith of this rather extraordinary power to punish without the formalities required by the Bill of Rights ... is that the necessities of the administration of justice require such summary dealing with obstructions to it. It is a mode of vindicating the majesty of law, in its active manifestation, against obstruction and outrage. The power thus entrusted to a judge is wholly unrelated to his personal sensibilities, be they tender or rugged....
******
... The vital point is that in sitting in judgment on such misbehaving lawyer the judge should not himself give vent to personal spleen or respond to a personal grievance. These are subtle matters, for they concern the ingredients of what constitutes justice. Therefore, justice must satisfy the appearance of justice, supra. (Emphasis added.)
Therefore, as this Court has consistently stated, direct criminal contempt may be punished in a summary fashion, provided that the contemner is given an opportunity to explain his conduct. Sullivan v. State, 419 P.2d 559 (Okl.Cr.1966); In re Young, 325 P.2d 85 (Okl.Cr.1958); Deskins v. State, 62 Okl.Cr. 314, 71 P.2d 502 (1937).
I find that the mode and extent of the hearing is entrusted to the sound discretion of the trial court. It must be noted, however, that this summary hearing should seldom be invoked. In some instances it might be appropriate where the contemptuous conduct occurs in “open court” in the presence of the jury, other officers of the court, or the public; or where the contem-ner displays gross disrespect for the judicial system while court is in session. Generally, the direct criminal contemner should be afforded an opportunity to fully explain and defend his conduct at a formal hearing. But see Nuckols v. Van Wagner, 511 P.2d 1110 (Okl.Cr.1973).1
*1236This summary hearing, hesitantly permitted in direct criminal contempt proceedings to enable the courts to carry out their duties, is not sanctioned in indirect contempt proceedings. In an indirect contempt action, the full panoply of constitutional protections attach. The contemner may only be punished upon the filing of an affidavit, complaint or information, written notification of the charges, a reasonable time to prepare a defense, and a jury trial, if requested. Okla.Const., art. 2, § 25; Cannon v. State, 58 Okl.Cr. 451, 55 P.2d 135 (1936). He must not be deprived of his liberty or property without due process of law.
Indirect contempt encompasses any “wilful disobedience of any process or order lawfully issued or made by court; resistance wilfully offered by any person to the execution of a lawful order or process of a court.” 21 O.S.1981, § 565. In Pryor v. State, 48 Okl.Cr. 91, 290 P. 345 (1930), this Court stated that indirect contempt is conduct which tends to “obstruct and embarrass or prevent the due administration of justice, done at a distance, and not during the session of the court and in its immediate view and presence.”
The initial inquiry is whether Mr. Gilbert’s conduct constituted direct or indirect contempt. The appellant cites Cannon v. State, supra, in support of his contention that this is an action of indirect contempt. However, Cannon involved a contempt proceeding based upon a contemptuous motion to disqualify, which had been filed with the court clerk and indirectly reached the court through the court clerk. In that case, we held that the filing of the motion constituted an act of indirect contempt. In this case, the alleged contemptuous act is based upon the appellant’s personally handing to the judge in chambers his motion to disqualify. This alleged contemptuous act was committed in the immediate presence of the court by the contemner, and falls within the purview of 21 O.S.1971, § 565, pertaining to direct contempt. The actual transfer of this written contemptuous motion is an act of insolence and disrespect before the court.
On this point, I disagree with the majority opinion’s reliance upon Roselle v. State, 509 P.2d 486 (Okl.Cr.1973). The majority states that “the matter of critical importance is whether all the acts, or essential elements, constituting the alleged contempt occurred ‘in the immediate view and presence’ of the court while in session. Applying this test, the majority tenuously concludes that because only the delivery of the motion occurred in the presence of the court the misconduct cannot constitute direct contempt. The majority further asserts that “[t]he drafting, filing and presenting of the motion to the court were all required before the alleged contempt was completed.”
I find that all the essential elements of the alleged contempt were done in the presence of the court. In my opinion the actual delivery of the alleged defamatory motion to the trial judge is the essential element of the contempt. All officers of the court are responsible for the contents of any motion they present or file with the court. Especially where the attorney has signed the motion, he should be presumed to have read and understood the contents of the motion presented to the court.
Therefore, the facts presently before this Court are distinguishable from the situation in Cannon v. State, supra. In Cannon the contemptuous motion was filed with the court clerk and delivered to the trial judge through a third party. In Cannon the trial judge could not be sure who had actually written the motion at the time he read it. The motion could have been written by anyone, i.e., someone could have forged the alleged contemner’s name. Therefore, all the essential facts were not known to the trial judge at the time he read the motion. In this case, the accused personally delivered the motion to the trial judge and acknowledged that it was his motion. I find these distinguishing facts sufficient to constitute direct contempt.2
The majority further finds that because “the delivery of the copy to Judge Cannon *1237did not in itself cause any disruption or disorder in the court’s proceedings, the misconduct cannot constitute direct contempt under Oklahoma’s statutory and constitutional system.” The majority opinion seems to wholly ignore the clear and unequivocal statutory language defining direct contempt. 21 O.S.1981, § 565, which provides: “Direct contempts shall consist of disorderly or insolent behavior committed during the session of the court and in its immediate view...” (Emphasis added.) The statute does not require disruption or disorder to occur in every direct contempt case. Insolent behavior during the session of the court and in its immediate view, even in chambers, is sufficient to support a direct contempt proceeding. The majority further states that the language in the motion to disqualify is “unprofessional and highly disrespectful.” Therefore, I believe that even under their view, this case can be classified as insolent behavior. In Champion v. State, supra, 456 P.2d at 572, this Court defined disorderly or insolent behavior as “tumultuous, insulting or disrespectful conduct.” Applying this definition, I am unable to fathom the majority’s conclusion that the conduct at bar cannot constitute direct contempt.
Gilbert additionally argues that the motion was not presented to the court while the court was in session. In Woody v. State ex rel. Allen, 572 P.2d 241 (Okl.Cr.1977), this Court defined “in session” as that period of time during a court term in which the court engages in the transaction of its proper business. We necessarily find that the court, in this case, was “in session.”
Having concluded that this was a direct contempt proceeding, I find it necessary to determine whether the appellant was given an adequate opportunity to be heard. Precisely what type of hearing is required to satisfy due process in contempt proceedings has caused much confusion and inconsistency in past decisions of this Court. I perceive that the phrase “an opportunity to be heard” must be defined by the type of contempt proceeding which is before the trial court. The record shows that at the beginning of the proceeding, Judge Cannon inquired: “All right, Mr. Gilbert. I have gone over your motion that you handed me personally, and read it. I ask you again, do you have any reason you want to tell me why I should not hold you in direct contempt of court?” The record establishes that Mr. Gilbert did not attempt to explain the motion.
In State ex rel. Young v. Woodson, 522 P.2d 1035 (Okl.1974), the Oklahoma Supreme Court adopted the American Bar Association Standards relating to the function of the trial judge with respect to contempt. This Court adopted the ABA standards in Smith v. State ex rel. Raburn, 536 P.2d 976 (Okl.Cr.1975). Section 4 of the ABA Standards provides that:
Before imposing any punishment for [direct] contempt, the judge should give the offender notice of the charges and at least a summary opportunity to adduce evidence or argument relevant to guilt or punishment. (Emphasis added.)
Even in a summary proceeding, some minimal opportunity to present evidence in defense or mitigation is required. I find that the trial court did comport with the ABA Standard. The contemner was given an opportunity to present argument in his behalf. He was allowed a reasonable time to consult with counsel, prepare a defense, and explain his actions. The trial court was not required to afford him a jury trial. See, Okla.Const., art. 2, § 25.
A judge is not required to punish the contemner instantly. He may delay the contempt proceeding for a short time in order to avoid a disruption or delay in matters pending before the court. I caution, however, that summary contempt is inappropriate when there is no compelling need for an immediate remedy. This Court should closely scrutinize the use of summary contempt. See, Harris v. United States, 382 U.S. 162, 86 S.Ct. 352, 15 L.Ed.2d 240 (1965); and Contempt Proceedings As Violating Due Process, 39 L.Ed.2d 1031 (1965). In this case, I find that attorney Gilbert was afforded an adequate opportunity to be heard.
*1238DISQUALIFICATION
The appellant next asserts that Judge Cannon should have disqualified himself from the contempt proceeding. Section 5 of the ABA Standards states:
The judge before whom courtroom misconduct occurs may impose appropriate sanctions, including punishment for contempt, but should refer the matter to another judge, if his conduct is so integrated with the contempt that he contributed to it or was otherwise involved, or his objectivity could reasonably be questioned.
The trial judge has a duty to assure that every person coming before his court is given a fair and impartial proceeding. Where the contempt involves personal criticism or antagonism toward the judge, that judge must not allow his personal feelings to interfere with his duty of utmost impartiality. Generally, the substitution of another judge is required. Mayberry v. Pennsylvania, 400 U.S. 455, 91 S.Ct. 499, 27 L.Ed.2d 532 (1970). However, when the contemptuous behavior is designed to remove the judge from the case for ulterior reasons, the judge must enforce his authority and condemn such behavior. Cooke v. United States, 267 U.S. 517, 45 S.Ct. 390, 69 L.Ed. 767 (1925).
This case presented a difficult situation for any judge. Judge Cannon was faced with disparaging allegations upon his judicial character and that of his colleagues. At the same time, he had a duty to enforce the integrity of his office and the respect for the judicial system. Whenever possible the trial judge should refer the matter to a disinterested judge. The fact that Gilbert’s motion accused the trial judge of “oppression in office, tinged with judicial malice” even though unfounded, would tend to integrate the trial judge personally into this legal fray. Under the present facts, I believe that Judge Cannon or any other trial judge should have disqualified himself from the direct contempt proceeding.
I am not unmindful that every attorney is under an obligation to his client to seek the disqualification of any judge who: (1) has an interest in the litigation, (2) entertains some bias or prejudice; (3) is related to one of the parties; (4) is unable to remain fair and impartial. See 20 O.S.1981, § 1401. However, this right to seek disqualification has its boundaries. The motion to disqualify must be made in good faith and presented in a respectful and professional manner by any officer of the Oklahoma court system.
In reviewing a motion to determine whether it is actually contemptuous, the trial judge must strike a delicate balance between the attorney’s duty to zealously represent his client and the need to uphold the respect and dignity of our adversarial system. Any judge charged with weighing these competing interests must be free of bias or impartiality. Therefore, a judge who has been personally attacked, accused of judicial misconduct, whenever possible should disqualify himself from the subsequent direct contempt proceedings.
The United States Supreme Court in Mayberry v. Pennsylvania, supra, appropriately observed:
Generalizations are difficult. Instant treatment of contempt where lawyers are involved may greatly prejudice their clients but it may be the only wise course where others are involved. Moreover, we do not say that the more vicious the attack on the judge the less qualified he is to act. A judge cannot be driven out of a case. Where, however, he does not act the instant the contempt is committed, but waits until the end of the trial, on balance, it is generally wise where the marks of the unseemly conduct have left personal stings to ask a fellow judge to take his place. What Chief Justice Taft said in Cooke v. United States, 267 U.S. 517, 539, 45 S.Ct. 390, 395, 69 L.Ed. 767, is relevant here:
The power of contempt which a judge must have and exercise in protecting the due and orderly administration of justice and in maintaining the authority and dignity of the court, is most important and indispensable. But its exercise is a delicate one and care is *1239needed 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. But attempts of this kind are rare. All of such cases, however, present difficult questions for the judge. 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. (Emphasis added)
In this ease, the trial judge and his brethren on the bench were personally attacked and scandalized by the motion. He waited until later that afternoon to commence the contempt proceeding. I would conclude that the trial judge should have asked a fellow judge to conduct the direct contempt proceeding. I would vacate the judgment of contempt and direct that another judge, not implicated in the motion, hear Gilbert’s direct contempt proceeding.
In summation, I cannot lend my support to the majority’s conclusion that Gilbert’s conduct does not fall within the clearly defined statutory scheme of either direct or indirect contempt. Surely this attorney’s conduct is not mired in a state of limbo under the guise of a legislative void. The majority’s position is tenuous. It dilutes the ability of the trial courts of this state to ensure solemnity of judicial proceedings and to impose sanctions for contempt. It appears to this writer the Oklahoma contempt statute has been radically amended through judicial fiat.
My brothers on the trial bench must have the mechanism to enforce the respect and dignity under our judicial system. Absent the ability to effectively deal with recalcitrant and insolent behavior, our orderly system of justice will be subjected to disrespectful conduct.
. This case erroneously relies upon Cooke v. United States, 267 U.S. 517, 45 S.Ct. 390, 69 L.Ed. 767 (1925), in determining what due process is required in a direct contempt proceeding. Cooke, however, was an indirect contempt proceeding.
. For an excellent discussion of this particular issue see Annot. 70 A.L.R.3d 797 (1976).