Lawyer Loses Appeal of 90-Day Sentence for Making Obscene Gesture in Court

A Texas lawyer sentenced to 90 days in jail for making an obscene gesture in court has lost an appeal.

The Texas Court of Criminal Appeals denied the habeas appeal by Austin lawyer Adam Reposa, sentenced for making a gesture simulating masturbation, according to the Tex Parte Blog. Reposa had testified the gesture was aimed at the county attorney in a DWI case who complained about the defense lawyer’s continued whispering in his client’s ear.

The 8-1 unpublished opinion said Reposa’s gesture was “a purposeful act of disrespect and an affront to the dignity of the court,” even if it wasn’t directed at the judge. “As such, it rises to the level of criminal contempt.”

When the blog told Reposa of the opinion, he responded, “Oh, well.” He said he planned to confer with his lawyer about the decision.