Tennessee Criminal Lawyer Blog

One aspect of the criminal justice system that is discussed far too little is the importance of courtroom behavior, specifically as it pertains to being respectful to the judge and other court officials. The most obvious reason one should always treat the judge with respect is that the judge is in charge of the courtroom and the proceedings that take place in that courtroom, and a defendant will not garner any favor with the person in charge of it all by being rude or belligerent. Another reason to behave appropriately is that bad behavior in the courtroom that reaches the level of contempt can be punished with jail time or a fine, possibly both. Trials are often contentious and heated, such is the nature of the adversarial system. Understandably, defendants will at times be unhappy or frustrated with the proceedings or the judge in charge of the proceedings and will feel the need to express their displeasure. Acceptable means of expressing displeasure in the courtroom include frowning, grimacing, or even crying. Unacceptable means of expressing displeasure include, but are not limited to, shouting, cursing, and giving the judge “the finger.”'

An Illinois man learned this lesson the hard way recently when he felt inclined to salute the judge in such a fashion while in court on home-invasion charges. Apparently, the man was instructed to raise his right hand to be sworn in before the court and elected to only raise part of it. No doubt this maneuver impressed friends and family alike, but the judge was not amused. Upon seeing the gesture, the assistant state’s attorney asked that the man be found in contempt of court, and the judge complied with the request. He was given six months in jail for his unfortunate method of self-expression.

T.C.A. section 29-9-102 gives a judge the power to find someone in contempt in any of the following circumstances:

1. “The willful misbehavior of any person in the presence of the court, or so near thereto as to obstruct the administration of justice;


2. The willful misbehavior of any of the officers of such courts, in their official transactions;


3. The willful disobedience or resistance of any officer of the such courts, party, juror, witness, or any other person, to any lawful writ, process, order, rule, decree, or command of such courts;


4. Abuse of, or unlawful interference with, the process or proceedings of the court;


5. Willfully conversing with jurors in relation to the merits of the cause in the trial of which they are engaged, or otherwise tampering with them; or


6. Any other act or omission declared a contempt by law.”