Contempt of Court-- Wearing a pin.

Hi Folks

I read an article in the Washington Post about a criminal defense attorney getting cited by the judge for " Contempt of Court..

The reason for the contempt charge was that the attorney was wearing a BLM(black lives matter pin) in the court room and the judge asked her twice to remove said pin... She refused and was handcuffed and charged with contempt and received 5 days in the slammer..



Now my question to you folks and hopefully some barristers will join the discussion..

If you were wearing a " I support the 2nd Amendment pin" to court, either as a juror or litigant and you were asked to remove said pin, would you acquiesce or would you claim your 1st Amendment right to free speech?

Regards
CCJ


https://www.washingtonpost.com/news...n-820pm:homepage/story&utm_term=.288f54fc9b67

Your first amendment rights do not end at a threshold to a court room IMO.

ccj, the court room is the judge's study of their domain. i liken the concept to when we were in HS, sitting at home on the couch wearing a new t-shirt with an objectionable or racy photo or saying on it and my daddy seeing the shirt for the first time, calmly saying 'change it ~ now!'

you didn't pop off bout your amendment rights cuz you would have gotten back handed across the room.

same thing in judge's study, tho you don't get back handed, they have a different methodology to get your attention. and while i lack the personal experiece of mcbeth, i understand the food in county jails suck and your cellmates might lack basic hygiene standards.

might prefer the immediate back hand given before i take the offending t-shirt off.

ipse

common sense prevails me think

A few minutes later, after again refusing to take off the pin, Burton was convicted of contempt of court, placed in handcuffs and taken to jail and sentenced to five days.

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Two stupid attorneys, one a defence attorney, the other a judge. The judge does have the ability to have the pin removed. But, it is not a criminal contempt if the defence attorney doesn't comply.

A criminal contempt requires a complaint, trial to determine guilt, and if found guilty a determined sentence.

Civil contempts can only be for so long at time (jail), or fixed $ amount, to achieve compliance.

“A judge doesn’t support either side,” he told the station. “A judge is objective and tries to make sure everyone has an opportunity to have a fair hearing, and it was a situation where it was just in violation of the law,” he said. Milich issued a stay while Burton appeals to a higher court, according to the TV station.

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No, the judge let her out of jail because he knew he screwed-up.

You will never hear that part of the story in the news.

I live in Ohio and I know what I speak.

I'm sure her little stunt had nothing to do with publicity or drumming up business in the community.

Taypo said:

I'm sure her little stunt had nothing to do with publicity or drumming up business in the community.

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She works in the public defender's office. She has more customers than she can handle. She is paid from the public till. The court orders the defendant to pay, but that never happens.

For publicity? Yes....

color of law said:

She works in the public defender's office. She has more customers than she can handle. She is paid from the public till. The court orders the defendant to pay, but that never happens.

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I missed the part about her being a public defender, I guess. My bad.

An attorney working for the city/county/state wearing a black lives matter pin opens up a whole new line of questions...

Taypo said:

I missed the part about her being a public defender, I guess. My bad.

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For publicity - correct.

article quote: Before Friday, she had only been in Youngstown’s jail to see clients. unquote

tough being a any kinda of public defender if Friday was her first day in a Youngstown courtroom...

ipse

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

If only there were a law .....