ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Law Humor Blogs -> Lowering the Bar

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Law Humor

: Lowering the Bar

Court: Cell-Phone User Should Not Have Been Held in Contempt

By Kevin Underhill

ADVERTISEMENTS

A Florida appellate court has ruled that a judge went too far when he held Michelle McRoy in contempt after her cell phone rang in court.  In the 2009 incident, Judge Anthony Johnson not only found McRoy in contempt, he also confiscated the phone.  "Cell phone is forfeited and to be destroyed by the Orange County Sheriff's Office," read the order.  Johnson stopped short of destroying it himself, although he did throw it into a trash can.

Reversing, the Fifth District Court of Appeal noted that "contempt" is "an act tending to embarrass, hinder or obstruct the court in the administration of justice, or to lessen the court's authority or dignity. . . . [It] does not exist just because a judge feels aggrieved or vexed."  A one-time and apparently accidental ring (even if it was an musical ringtone - tune undisclosed) did not qualify, although the court agreed that McRoy's conduct had probably been "annoying."

McRoy said she was happy with the ruling (she probably did not mean the part about her being "annoying"), and said she had been told she might even get her phone back.  Apparently, court personnel retrieved the phone from the trash can after the judge flung it there, so it was never destroyed as the judge had ordered.

It wasn't clear whether or not those court personnel told the judge at the time that they had basically "hindered or obstructed the court in the administration of justice" by defying his order and retrieving the offender's forfeited property.  I would guess not.

Link: Orlando Sentinel

Full post as published by Lowering the Bar on April 08, 2010 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0024 secs (from cache 11/04/26 02:48:46)