Circuit Judge Anthony H. Johnson
Posted on 04/02/2010 7:26:37 AM PDT by JoeProBono
ORLANDO, Fla.- A Florida juvenile court judge went too far when he found a woman in contempt because her cellphone rang in the courtroom, an appeals court ruled.
The appeals panel in Daytona said Michelle McRoy's ringing phone was "annoying" but that does not justify a finding of contempt, The Orlando (Fla.) Sentinel reported Thursday. The court said Circuit Judge Anthony Johnson provided no evidence for his contempt finding and a order that McRoy's phone should be confiscated.
"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," the appeals court wrote in an opinion released Wednesday. "Contempt does not exist just because a judge feels aggrieved or vexed."
McRoy said she allowed her sister to use the phone outside the courtroom and forgot to check when she returned it whether it was turned off. She was in the Orange County courtroom last year because a juvenile relative was appearing in court.
She told the newspaper the judge "just went off" without giving her a chance to explain what happened. She said she hopes to get the phone back.
Circuit Judge Anthony H. Johnson
“Contempt does not exist just because a judge feels aggrieved or vexed.”
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Pretty funny, I thought that was the only reason a judge juggged someone for ‘contempt’.
I bet the attorney that took this case to appeal will be on this judge’s “list” now.
So why wasn’t this person more careful with her phone? I think every courtroom these days requires all phones to be turned off. Why should this person get an exception to the rules?
I think hizzoner won’t be so quick to come down on this attorney because the matter is on record, and judges seem to be very cowardly when they’ve been rebuked by a higher court. I also think the attorney would have every right to ask for a change of venue or that the judge recuse himself in any future matters. I’m no attorney, but one I know went through a similar matter involving a judicial temper tantrum, and the judge is sufficiently cowed that the attorney can get things done
I’m in contempt of a lot more than this court judge.
The Judge should be upset with his clerk or bailiff.
I side with the Judge.
Nothing is more irritating than to be in a store and have someone with a d*#m cellphone stuck to their ear, blocking the aisle.
Well, a close 2nd are the two friends who run into each other and want to catch up on all the lastest gossip while blocking the aisle.
This person, according to the article, wasn’t looking to disrupt the court, it was an accident, one that could have been averted, probably, but an accident non ethe less.
Irritating it may be, but against the law, it would appear not to be. In Utah, it’s against the law to even bring a phone into the court (must be left in a car) and is screened by the security officers, so, go figure.
If Judge Johnson ever gets voted out of office, I’d like to see him hired to supervise ushers for the big movie theatre chains.
GOOD! about time the judges were reminded they are not “god” even in their own courtrooms.
accidents happen, people forget.
I have seen it in court where some poor slub forgot to put the phone on vibrate and moves double time to reject and silence the phone.
you have to remember many of these judges are really really really really full of themselves.
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