Legal Ethics
Lawyer Loses Appeal of 90-Day Sentence for Making Obscene Gesture in Court
Posted Oct 28, 2009 12:26 PM CST
By Debra Cassens Weiss
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The 8-1 unpublished opinion said Reposa’s gesture was “a purposeful act of disrespect and an affront to the dignity of the court,” even if it wasn’t directed at the judge.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.
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Comments
dleon
Oct 28, 2009 12:53 PM CST
Correct me if I’m wrong, but isn’t Freedom of Speech interpreted as a criminal act in this case? The attorney was disrespectful - got it - but it doesn’t beckon (pun intended) jail time.
Who else see’s this as the court overstepping its boundaries?
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AndytheLawyer
Oct 28, 2009 1:37 PM CST
Dleon—Thank you for your invitation. Consider yourself corrected. You’re wrong. Read Texas’ statutes, court rules and cases governing contempt of court, the permissible penalties and the breadth of the judge’s discretion in imposing them.
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dleon
Oct 28, 2009 2:26 PM CST
Thanks Andy.
So, there’s a statute… however, does it make it right to incarcerate an attorney for a hand gesture that would have probably just gotten him slapped in any other situation?
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A. Saunders
Oct 29, 2009 12:44 AM CST
Time, place, and manner restrictions on speech are perfectly constitutional. When you are in court you conduct yourself appropriately. Outside the courthouse make all the gestures you want.
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Harikumar
Oct 29, 2009 11:06 PM CST
Power to decide the right and wrong of human beings is vested with God, and Judges are officers on earth vested with those powers. Err is human and forgive is devine policy lacks among judges atleast on some occasions.
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