Juror Fined For Yawning In Court

Local6.com ^ | 04/20/05 | Associated Press

[TexasGreg]

LOS ANGELES -- A juror was cited for contempt and fined $1,000 by a judge for yawning loudly while awaiting questioning in an attempted murder trial. The fine later was reduced to $100.

[TexasGreg]

Don't yawn ... a power mad judge might find you in contempt of his court. Amazing! HOW did this guy's yawn, and then his truthfulness concerning it, in any way adversely effect the court proceedings? If anything, the judge only severely prejudiced the juror against the defendant in this case and caused the defense to use one of their precious strikes to get rid of him.

I'm tell you, the judges in this country are OUT OF CONTROL.

[Dallas59]

How many people would have gladly paid $1000 or $100 dollars to get out of jury duty?

[Vaquero]

I suppose the judge should be happy it wasnt loud snoring

[mcg1969]

There's yawning and there's yawning. Reading the article it sounds to me like the guy could have been particularly loud on purpose to register his, um, contempt for the court. I think you'd have to be there to pass full judgement.

[highnoon]

things you would like to say, but never would:

"Your boredom just cost you $1,000 I'm finding you in contempt," Veals said. "Are you quite so bored now?"

I'm truly sorry your honor, it's just that your daughter really wore me out last night!

[TexasGreg]

"I'm truly sorry your honor, it's just that your daughter really wore me out last night!"

Ooooh ... that's a good one.

[Kokojmudd]

Whatsamatta? Don't anybody have any regard for the rule of law? /sarcasm on

Too bad we have traded a republic for a judicial monarchy.

[Rembrandt_fan]

The article implied that the man yawned theatrically, more as a display than a genuine show of fatigue. My father (now passed on), a hard-headed, no-nonsense superior court and juvenile county judge, would probably have admonished the juror, too--although I don't think Dad would've nailed the guy for contempt. So in my view, knowing a little of judges from personal experience, the judge in the article doesn't come across as power-mad or out-of-control. Further, this wasn't a case of a stolen chicken: it was an attempted murder trial, demanding a certain amount of seriousness and gravity from all concerned.

[Mark was here]

Juror Fined For Yawning In Court

[JOE6PAK]

$1000 for a yawn?

How much for a fart?

[TexasGreg]

There's yawning and there's yawning. Reading the article it sounds to me like the guy could have been particularly loud on purpose to register his, um, contempt for the court. I think you'd have to be there to pass full judgement.

I read the whole article. I'm sorry, but I just don't see how yawning ... even a loud yawn ... could have possibly merited a contempt of court citation.

Indeed, yawning is a natural reflex of the body over which humans have very little control. Many believe that it's caused by an excess of carbon dioxide and lack of oxygen in the blood -- the yawn-reflex is triggered by the brain stem in order to try and re-oxygenate the blood by hyper-inflating the lungs. Hence, to fine a person for yawning in court would be like trying to fine someone for hiccuping, or for having an asthma attack, or for having a parkinsonian tremor.

The really sad thing is that, by doing this the judge demonstrated his own contempt for the jurors. Usually judges are thankful for the time that potential jurors have given to the judicial system. They always give a nice little speech in which they thank those who have not been selected for service prior to releasing them. In this case it is clear that the judge has no such concern for his jury pool ... he was offended by the juror's uncontrollable reflex. Well, too bad. What that juror did didn't merit a $1000 fine ... and I don't care that it was reduced to $100. It's not as if the juror was on trail in a criminal case here.

[TexasGreg]

Further, this wasn't a case of a stolen chicken: it was an attempted murder trial, demanding a certain amount of seriousness and gravity from all concerned.

In the actual trial proceedings, yes. But in the Voir dire? How did the yawn adversely effect the outcome of the case? From what the judge said, it's clear that it simply offended HIM.

[reagan_fanatic]

I'm truly sorry your honor, it's just that your daughter really wore me out last night!

I'm truly sorry your honor, it's just that your daughter wife really wore me out last night!

[mcg1969]

I read the whole article. I'm sorry, but I just don't see how yawning ... even a loud yawn ... could have possibly merited a contempt of court citation

What if it was intentional? Or at least, it was exaggerated on purpose to make the point? Would you have considered it contemptible if the guy has just blurted out, "This is BORING."?

Indeed, yawning is a natural reflex of the body over which humans have very little control.... Hence, to fine a person for yawning in court would be like trying to fine someone for hiccuping, or for having an asthma attack, or for having a parkinsonian tremor.

Horse manure. You have PLENTY of control over how your yawn progresses. Can you stop it? Not necessarily. But can you keep it relatively quiet? Of course. Can you cover your mouth with your hand? Absolutely. Can you make it loud on purpose? Absolutely. Can you open your mouth even wider and sway your head to exaggerate the motion? You bet.

I mean, please, if you haven't faked or exaggerated a yawn to make a point then you haven't lived :)

[mcg1969]

Another thing. He was NOT fined for yawning. He was fined for both the yawn AND his subsequent responses to the judge. Had he simply said, "I'm sorry your honor" after the judge said something to him, there would have been no fine.

[Rifleman]

In other words, if he had been sufficiently servile, there would have been no fine.

Wonderful.

[Rembrandt_fan]

I lean toward mcg1969 on this one. If the guy's yawn constituted an open display of disdain for the proceedings, then he was technically in contempt. Had the man simply apologized--as anyone with a grain of sense knows to do when dealing with a judge in his court, the matter would've ended then and there. But no, the guy then removed all doubt by opening his big, stupid mouth. No one likes jury duty, but that's the hard part of the word 'duty'. Bored? Too bad. One could fault the judge for being too hard on the juror, but the judge acted within his authority. Did he abuse that authority or stretch its bounds? Dunno. Wasn't there. Didn't see the yawner's 'performance'.

[mcg1969]

In other words, if he had been sufficiently servile, there would have been no fine.

Exactly. It's called courtesy, and I think it's reasonable to expect it in court.