Q: Given some of what is happening out there, are there basics about what a judge can do if a party in a case, or for that matter anyone else, engages in a serious misconduct during court proceedings?
T.N., Torrance
Ron Sokol
A: First, a person being disruptive in a courtroom, such as engaging in outbursts, is not new. Nor is it limited to a party. Lawyers and witnesses, or a person in the gallery, may be engaged in misconduct that requires the court to take action.
You have written from Torrance. In 2013, an appeal arose from a criminal case heard in the Torrance Courthouse, where the defendant had not only been removed from the courtroom as a result of his unruly behavior, but was also then not able to monitor the trial. He argued that he had thereby been deprived of due process, so his conviction should be reversed. The appeal was unsuccessful as the circumstances were such that no prejudice was found.
Bottom line, a judge has the authority and discretion to maintain decorum and order in his or her courtroom. This can include having to turn off your cell phone, not chewing gum and talking, being courteous to staff, and being on time. As to someone acting out, yelling, being very rude, shouting or engaging in histrionics, the judge has the authority to hold that person in contempt. This may be after one or more warnings, at which time punishments can range from monetary sanctions to exclusion from the courtroom to jail. The possibility of shackling someone still exists, but is clearly more limited than it used to be.
In sum, if you misbehave in a courtroom, it is likely you are going to suffer consequences. The judge’s discretion can be quite broad as to what action(s) will be taken.
Q: What is the rule here on photographing, recording and broadcasting in court?
L.K., West Hollywood
A: California Rule of Court 1.150 addresses your inquiry. The rule emphasizes that our judiciary is responsible for ensuring the fair and equal administration of justice, both in civil and criminal cases.
Rule 1.150 states in part: “Photographing, recording and broadcasting of courtroom proceedings may be permitted as circumscribed in this rule if executed in a manner that ensures that the fairness and dignity of the proceedings are not adversely affected.”
You can find the full rule online. It delves into detail about what is and is not permitted, including how the court may fashion an order that balances public interest in the proceedings with the vital importance of assuring the case itself is dealt with in an appropriate manner.
Two forms of contempt
Criminal contempt of court can include yelling at the judge, refusing to testify before a grand jury and causing severe disruption in the court. Civil contempt most often occurs when an individual fails to obey an order from the court, which causes harm to a private party’s right (such as failure to pay child support).
Ron Sokol has been a practicing attorney for over 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.
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