Courtroom Yawner Jailed for Six Months

Courtroom Yawner Jailed for Six Months

www.chicagotribune.com

(Aug. 10) -- As Clifton Williams sat in the courtroom in Joliet, Ill., awaiting his cousin's sentencing on drug charges, little did he know he would soon be the one in jail.
As Judge Daniel Rozak sentenced Williams' cousin to two years probation, Williams yawned, an act that earned him six months in jail on contempt charges, the Chicago Tribune reported.

(visit the link for the full news article)

I wonder if anyone else in the court room had yawned, Because I usually find it to be quite infectious, and almost always unavvoidable. that judge must the be dullest man in america if he can sit through a lifetime of court proceedings and AVOID yawing all the dang time, haha

there must be some (anti?) nepotism at play here or something, The sentence is harsh and the max penalty for "CONTEMPT?"Im just glad they are locking up the true criminals....

www.chicagotribune.com
(visit the link for the full news article)

Chuck Pelkie, a spokesman for the state's attorney's office, said the prosecutor in the courtroom that day told him that "it was not a simple yawn -- it was a loud and boisterous attempt to disrupt the proceedings."

Jason Mayfield, the cousin of Williams who was pleading guilty at the time, said it was "not an outrageous yawn." A Tribune review of a decade's worth of contempt-of-court charges reveals that Rozak jails people -- typically spectators whose cell phones go off or who scream or shout profanity during sentencing -- at a far higher rate than any other judge in the county.

There are now 30 judges in the 12th Judicial Circuit, but since 1999, Rozak has brought more than a third of all the contempt charges, records show.

And while it is not uncommon for judges to jail people for ignoring subpoenas or court orders or appearing in court drunk or under the influence of drugs, Rozak's charges tend to involve behavior that would not otherwise be criminal.

Judges have broad discretion under the law, which defines contempt as acts that embarrass, hinder or obstruct the court in its administration of justice or lessen its authority or dignity. As long as the sentence is not longer than 6 months, there is no review of the case -- unless the offender appeals to the judge or a higher court.

"We want judges to be able to manage the courtroom ... but we have some concern that when the contempt is personal, judges might react too harshly," said University of Chicago law professor Adam Samaha. "Contempt that happens right in the judge's face is likely to trigger an emotional reaction."

---additional information from the link---

[edit on 10-8-2009 by drsmooth23]

This is a travesty, period.

What's the penalty for flatulence? Does a sneeze get you on death row?

Really, if there were ever an example of why the concept of "contempt" needed to be specifically defined further than "doing something the judge doesn't like", this is it.

Already in discussion here ATS LINK

However yours might be the first post in the ABN forum...

This case may be a perfect example of how our justice system is inherently flawed.

A Tribune review of a decade's worth of contempt-of-court charges reveals that Rozak jails people -- typically spectators whose cell phones go off or who scream or shout profanity during sentencing -- at a far higher rate than any other judge in the county. There are now 30 judges in the 12th Judicial Circuit, but since 1999, Rozak has brought more than a third of all the contempt charges, records show.

Who really deserves to be a judge? Certainly not Daniel Rozak. Either he was bullied as a kid and has some serious repression issues, or he is just another asshole on a power trip. In any event, this guy should really be on the other side of the courtroom.

That kind of leeway is too much to give a judge without giving the accused a right to a trial by a jury of his peers, period. I expect people to respect the courtroom, but I also expect a judge to be fair, impartial, and have a backbone for cryin' out loud.

Peace

Originally posted by drwizardphd
This case may be a perfect example of how our justice system is inherently flawed.

A Tribune review of a decade's worth of contempt-of-court charges reveals that Rozak jails people -- typically spectators whose cell phones go off or who scream or shout profanity during sentencing -- at a far higher rate than any other judge in the county. There are now 30 judges in the 12th Judicial Circuit, but since 1999, Rozak has brought more than a third of all the contempt charges, records show.

Who really deserves to be a judge? Certainly not Daniel Rozak. Either he was bullied as a kid and has some serious repression issues, or he is just another asshole on a power trip. In any event, this guy should really be on the other side of the courtroom.

This, coming from someone who just a couple days ago, said that Erik Prince should be hanged because a couple of his ex-employees said he pimped out little girls, without ANY further evidence.

(You)

If I were the one held in contempt, I'd sue the judge for sexual harassment.

It seems on the face of it to be extremely arbitrary and excessive, but if this guy was some smart ass thug, I could see why an old crotchety judge would probably not be lost on the insult as it was intended by the offending yawner.
Like I said, he should not be punished this severely, but if it was a thug actually trying to be rude to the judge during his cousins drug trial, he should suffer some repercussions.

If I were the Judge, I would watch my back and those of my family for the next couple of years.

Observers describe Rozak as running the type of strict courtroom that was common a few decades ago. Defense attorneys say Rozak is "tough but fair" and runs particularly well-managed trials. Rozak has been elected in 2000 and 2006, both times with recommendations from the state bar association.

"I think he's terrific -- he understands how the world works," said Joliet defense attorney David Carlson. "Some of the most serious felonies we have are handled in his courtroom, so I think there should be a level of seriousness and decorum."

Lets see, the guy is at a proceeding where his cousin is guilty and he yawns at the verdict? Thats the story I read. And the judge is in good standing, and within the law.

Whats the problem again?

reply to post by manbird12000


Ummm...Huh?!? I don't think this poses the judge a problem at all. some small time thug probably does not want to get into further trouble than he already is.

this reminds me of the time my brother got sent home from school for farting in class. do people really get a bit power mad?

*yawn* oh sorry, sue me.

wait, on second thought!

reply to post by drsmooth23


The judge could just be getting kick backs from the prison when he sends people to jail. That would explain why he sends so many to jail for being a spectator to his trials. If the penalty for contempt of court is 6 months, then that makes it a cinch. All he has to do is say "contempt of court".

I wonder if they get a trial on contempt of court charges at all, or if they just toss them in the pokey. I'm not saying that anyone has to get a trial or anything, I'm just curious, that's all.

Originally posted by jprophet420
Lets see, the guy is at a proceeding where his cousin is guilty and he yawns at the verdict? Thats the story I read. And the judge is in good standing, and within the law.

Whats the problem again?

The problem is that the judge has a history of doing it, and that he accounts for a third of the contempt charges out of 30 judges. The slightest tongue movement in his courtroom gets 6 months in prison.

That could not be within the law as it is unconstitutional. But, hey, the law and constitution and nonsense is all paper. The real boss is up in a space ship or something directing the show..

Originally posted by MegaCurious

Originally posted by jprophet420
Lets see, the guy is at a proceeding where his cousin is guilty and he yawns at the verdict? Thats the story I read. And the judge is in good standing, and within the law.

Whats the problem again?

The problem is that the judge has a history of doing it, and that he accounts for a third of the contempt charges out of 30 judges. The slightest tongue movement in his courtroom gets 6 months in prison.

That could not be within the law as it is unconstitutional. But, hey, the law and constitution and nonsense is all paper. The real boss is up in a space ship or something directing the show..

Ok, but hes not breaking any laws or rules. You don't even have the vaguest understanding of the constitution if you think it says anywhere within that you can say whatever you want whenever you want during a court proceeding.

Again, the judge did not violate any law, what is the problem?

[edit on 10-8-2009 by jprophet420]

Originally posted by daeoeste
reply to post by manbird12000

 

Ummm...Huh?!? I don't think this poses the judge a problem at all. some small time thug probably does not want to get into further trouble than he already is.

A small time thug? What do you know about this guy that got sent to Jail?

My statement still stands. If a judge sent me away from my family and children for 6 months in county jail over sneezing or coughing or whatever nonsense excuse, I would not come out a very happy man. In fact, I would most likely be insane with vengeance.
But then again, I might be different than you. People have been killed for far less reasons.

Sure it might make the problem worse, but I believe in the old west form of justice....I can't help it.

[edit on 10-8-2009 by manbird12000]

If the yawn was boisterous or loud then I feel the judge did the right thing. Call me old school, but a court room is a place to show respect not show off what a smart a$$ you can be.

If the judge has a history of holding people in contempt, maybe he is just trying to keep the respect in the courtroom. Someone needs to be reminding us that we can still be opinionated individuals with personal rights while still having proper manners. Be honest, we American's are a rude group, only getting ruder.


edited to fix a mistake

[edit on 10-8-2009 by Alora]

This is America.

You don't yawn without a permit or unless you are in a designated zone.

He's lucky he wasn't tortured with a tazer.

I know that it sounds outrageous, but a judge has to maintain order. There are yawns and there's obnoxious, disruptive behavior. Obviously, the judge felt that in this instance the offender crossed the line.

Having reached maturity, everyone should have learned what kind of behavior is acceptable in a courtroom and that contempt of court is a serious charge.

[edit on 2009/8/10 by GradyPhilpott]

30 judges. One of them... ONE OF THEM, hands out a third of all contempt charges. Sorry, but that's not "a judge trying to maintain order and respect and blah blah blah." That's a jerk on a power trip who should be disbarred, and possibly spend a night in the hands of the people he's thrown in jail for half a year for yawning.

[edit on 11-8-2009 by mattifikation]