- September 19, 2024
- Criminal Defense
Judges Overstepping the Boundaries in Court
A recent civil lawsuit out of Detroit highlights the dangers of judges who overstep reasonable boundaries and potentially misuse their authority to maintain decorum in the courtroom by holding individuals in contempt or imposing other punishments and consequences for behavior the judge perceives as disrespectful.
Detroit Judge Sued by Family of Juvenile
The family of a 15-year-old girl has sued a Detroit judge for false arrest, unlawful detention, and infliction of emotional distress and humiliation. The lawsuit stemmed from an incident while the girl visited the courtroom as part of a field trip led by a non-profit group. The girl allegedly fell asleep in the courtroom, which her family attributed to their lack of a permanent address as causing her to get insufficient rest or sleep. The judge singled out the girl after she allegedly fell asleep in the courtroom, ordering her placed in jail clothes and handcuffs and threatening her with detention, all on a live webcast. The judge has claimed that the girl’s attitude motivated his rebuke.
The family’s lawsuit alleges that the judge’s actions constituted “extreme and outrageous” conduct “calculated for the purpose of inflicting fear and severe emotional distress.” The family alleges that the girl continues to suffer emotional trauma from the incident, including social withdrawal and difficulty sleeping.
Judges Have Nearly Limitless Authority to Control Courtrooms
This case highlights that judges have expansive authority to control the behavior of individuals in their courtrooms, including people unconnected to the case before the court, such as visitors or journalists in the public gallery. Judges can discipline anyone in their courtroom for behavior they find disruptive or contemptuous of the court’s authority, including outbursts, rude comments, cell phone use, or falling asleep.
However, judges’ authority to maintain decorum in their courtrooms remains largely unchecked. Furthermore, people disciplined for allegedly disruptive or contemptuous conduct may have few or no means to prevent the imposition of punishment or to appeal a judge’s decision. This is especially true when such punishment involves penalties like removing a person from the courtroom for the day or placing a person in a holding cell for a few hours.
Some Judges Overstep Bounds When Facing Attorneys Zealously Advocating for Their Clients
Unfortunately, judges sometimes use their authority to maintain courtroom decorum against attorneys who merely vigorously advocate for their clients’ interests as required by the professional rules of conduct. A judge may become irritated with an attorney who argues against their adverse decision and threaten to hold the attorney in contempt if they do not cease their arguments. However, threatening attorneys with contempt for arguing on behalf of their client, especially when an attorney maintains decorum and respect towards the court, can have a chilling effect on counsel’s willingness to advocate for their client’s interests.
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