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Monday, July 27, 2009

Ind. Law - "It's the Law: messing with a judge is criminal"

Ken Kosky's NWI Times' "It's the Law" column today, July 27th, looks at courtroom laws, in the first of two articles about courts:

During her 25 years on the bench, Porter Circuit Court Judge Mary Harper has had people angry with her judgement physically attack her, yell at her and overturn tables.

This, the first of two on courtroom laws and etiquette, examines illegal actions in a courtroom.

Criminally, anything that could get a person arrested on the streets could get them arrested in a courtroom. Showing up intoxicated could get a person arrested on a public intoxication charge. Scratching words onto the benches could result in a criminal mischief charge. And getting caught with drugs could lead to charges.

In addition, there are actions specific to a courtroom that could get a person arrested. For example, a person who lies under oath can be charged with perjury. A person who fails to appear in court could have a warrant issued for their arrest. And a person who fails to comply with a court order -- such as being ordered to perform community service, but failing to do it -- could have a warrant issued for their arrest.

Judges also have the power to hold someone in direct criminal contempt. For example, a person who swears at the judge or attacks the judge could be held in contempt of court and could be immediately taken off to jail for as many as 90 days.

In 2006, a man angry about a speeding ticket flipped a judge the middle finger and called him an obscene name. The judge, Porter Superior Court Judge David Chidester, held the man in contempt of court and ordered him jailed.

And a few months ago, a jail inmate was appearing before Chidester via a video conference and said a swear word to describe the proceedings. Chidester turned off the television and let the man sit behind bars to think about his actions.

Posted by Marcia Oddi on July 27, 2009 06:16 PM
Posted to Indiana Courts | Indiana Law