Scripting the contempt hearing: Avoiding appellate reversal and judicial misconduct proceedings.

摘要

Contemptuous behavior in the courtroom disrupts the orderly administration of justice and tears at the fabric of judicial decorum. That fabric can unravel chaotically when emotion overwhelms rationality and the trial judge explodes into erratic, retaliatory condemnation. Regardless of how the contempt commences this disintegration in courtroom civility is judicially taboo. The trial judge must avoid it.;"Ad lib," responses by trial judges in contempt hearings contribute to this disintegration. They trigger rambling, senseless scoldings instead of coherent, judicious reprimands. As a result, judges contravene judicial temperance policies and issue contempt judgments with punishments that violate constitutional rights and statutory contempt procedures. Appellate reversal and judicial misconduct proceedings await the unwary judge. How can judges avoid these risks in contempt proceedings? They can read from pattern scripts that contain applicable constitutional rights, statutory procedures and maximum punishments. By systematically using these scripts judges will remain calm and follow the law. In so doing, they will eliminate both appellate reversal of their decisions and sanctions from judicial misconduct commissions.