COURTESY AND THE COURTS
A man charged with marijuana possession and DUI appeared in an Illinois court and, after leaving the court, was charged with contempt. According to reports, as the defendant was taking his seat in court, a Sheriff's deputy noted he spit. The defendant, however, contends his spitting was accidental.
A couple of code sections address contempt in California: Code of Civil Procedure Sections 1209 et. seq. and Penal Code Section 166. As far as actions in a courtroom, P.C. 166(a)(1) states, in part: "disorderly, contemptuous or insolent behavior in the immediate view of the court and directly tending to interrupt its proceedings or to impair the respect due its authority..." This language, although somewhat vague, gives a good idea as to what contemptuous conduct is.
Courts are necessarily very contentious places. Emotions often run high. It has generally been this attorney's experience that courthouses which handle divorce cases are usually more susceptible to explosive outbursts and courtroom violence. Although many criminal defendants are charged with violent offenses, and some individuals face extensive incarceration, this author has seen very few contemptuous acts in criminal court.
Regardless of the type of case, a court is required to enforce its rules of decorum and not allow any individual to interfere with the smooth operation of justice. Contempt can be caused by many types of behavior: yelling, slamming a door, failure to follow the court's instruction and the like.
Courts in California are also generally very busy places. Experienced attorneys and court personnel familiar with a court's procedure help to move along the judicial process. A judge, who is faced with 100 plus cases and a full courtroom of attorneys and defendants, does not have time to entertain any shenanigans which will most certainly bring the judicial process to a halt. Courts deserve respect and, if an individual does not give it voluntarily, it will be enforced by the courts.
