The Practical Lawyer

May 30 - June 5, 2016

Yes, judges can do that

By Ethan C. Nobles

A Nevada story reminds me of something anyone who sets foot in a courtroom needs to learn early on – judges have a lot of discretion when it comes to maintaining order.

What happened in Nevada? A judge was having a problem with an attorney who appeared in his courtroom frequently. The attorney, it seems, has a nasty habit of interrupting the judge and not keeping her mouth shut when ordered to by the judge. Just think of what happened when Vinny Gambini kept running his mouth when Judge Chamberlain Haller ordered him to do so in My Cousin Vinny and you’ll get the idea.

Anyway, that particular judge in Nevada had enough backtalk from the attorney at issue, so he ordered a bailiff to handcuff her and sit her next to a bunch of prisoners until he disposed of the case in front of him. The judge let her go shortly, concluding that perhaps she had learned her lesson.

Outrageous conduct? Not really. Judges have a heck of a

lot of discretion when it comes to maintaining order in their courtrooms. Any attorney who has been found in contempt for failing to follow the judge’s orders knows that to be true (I learned that lesson years ago when a judge found me in contempt, fined me on the spot and had me write a check for $150 to the court).

While the Nevada case might be a bit extreme, I’d argue the judge wasn’t out of bounds. In fact, I’ve seen worse things happen to people who failed to show the court the proper amount of respect.

For example, the juvenile court in Benton County used to be located above the Benton County Jail. While juvenile court was in session, an inmate kept making racket in the jail in an apparent attempt to get some attention, disrupt the proceedings or something along those lines.

The interim judge called the inmate up to the courtroom a couple of times and warned him to stop making noise. The inmate refused to listen, so the judge had him taken out to the front of the jail and handcuffed to a flagpole until the docket was cleared for the day.

The lesson here is clear. Judges are allowed a considerable amount of leeway when it comes to dealing with people who won’t behave in court. Those who are polite and respectful, however, will come out just fine.

Ethan C. Nobles is an attorney in Benton focusing on real estate, evictions, contracts, wills, trusts, incorporations, bankruptcies and other areas of law as the mood strikes. You can reach him by calling (501) 794-9742, sending an email to Ethan@NoblesLawFirm.com or by pointing your favorite Internet browser to NoblesLawFirm.com.