Lawyer Who Made Lewd Courtroom Gesture Sentenced to 90 Days in Jail

Legal Ethics

Lawyer Who Made Lewd Courtroom Gesture Sentenced to 90 Days in Jail

Posted Apr 17, 2008, 07:11 am CDT
By Debra Cassens Weiss

A Texas lawyer found guilty of contempt for making a lewd courtroom gesture has been released on a personal recognizance bond while he appeals a 90-day jail sentence.

Lawyer Adam Reposa of Austin told reporters after he was sentenced yesterday that the punishment was “fair,” Texas Lawyer reports.

Visiting Judge Paul Davis said the gesture, which simulated masturbation, tarnished the dignity of the judicial process, the Austin American-Statesman reports.

Reposa of Austin had testified that the gesture was aimed at the prosecuting attorney rather than the judge. But Judge Jan Breland told Davis that Reposa made the hand motion while looking directly at her.

The incident occurred after the prosecutor complained that Reposa was whispering in his client’s ear during the prosecutor’s explanation of a plea offer on a drunken driving charge. Reposa said he wasn’t happy with the offer.

Davis is a retired judge who hears cases on a substitute basis. He also teaches a class on courtroom decorum. "It is my honor to uphold the integrity of the judicial process,” he said.

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Posted by Jay - 5 months, 3 weeks, 6 days, 12 hours, 14 minutes ago

I wonder what gesture he made when he learned about the 90-day sentence.
Posted by Jim Cornehls - 5 months, 3 weeks, 6 days, 3 hours, 35 minutes ago

While I do not think the lawyer’s gesture was appropriate, I find it even more inappropriate that a judge can sentence someone to jail for 3 months for something that is not unlawful. Judges frequently are rude and abusive to lawyers and their clients as a matter of normal court procedures, yet they seldom, if ever, are themselves held accountable for their behavior.

Too many judges become petty tyrants in their courtrooms, and begin to think of themselves as infallible, minor deities. Respect for judges, lawyers, prosecutors, court reporters,court clerks and the parties is a two-way street, which many judges tend to forget in their overzealous demonstration of their power.

Without being present, I can’t really sa ywhat happened, but my guess would be that someone, perhaps one of the judges present, made some belittling remark that provoked the lawyer.

“Modern” courtroom docket management, usually by the court clerk, and judicial arrogance have robbed lawyers of their dignity and their ability to manage their own case load.

The clerks nor the judges can possibly micro-manage the cases of every lawyer appearing in their court. Show respect for lawyers and you will earn their respect, too.
Posted by Mike Hunt - 5 months, 3 weeks, 5 days, 17 hours, 56 minutes ago

For once, I must disagree with #2. Women judges are always trying to keep control of their court rooms, and feel they must take a stand or else all hell will break loose. We don’t know much else about this guy, but we must assume he is not a paragon of manners. He’s handling drunk driving cases; not the type of guy who was on law review, even in Texas. And if “REPOSA” wasn’t happy with the offer, why can’t he restrain himself? He wasn’t the one heading to jail --at that point. If he had just kept his hands where they belonged, the judge wouldn’t have felt threatned that decorum was being challenged. I say within the next 3 months, other men in jail may well help him do what he showed the judge. In Texas, Im sure the inmates are real “gentlemen” who will welcome him into their collective cells. If he doesn’t become a repository for their weenies, I’d be surprised. He will get his “come - uppins” ...and you can figure what I am talking about.
Posted by Bob - 5 months, 3 weeks, 5 days, 17 hours, 34 minutes ago

Is he suggesting the gesture would have been okay if it were only directed at the prosecuting attorney?
Posted by AT - 5 months, 3 weeks, 5 days, 16 hours, 52 minutes ago

As I understand the law, a lawyer’s speech can only be punished for being knowingly false or obstructing justice. The gesture was speech and offensive, but punishment should have come from the client against the attorney for making an argument in a manner that is likely to be detrimental to the client’s position.
Judicial contempt powers need to be curtailed.
Posted by fan - 5 months, 3 weeks, 5 days, 16 hours, 31 minutes ago

"Mr.” Hunt:

You are hilarious.
Posted by Bill - 5 months, 3 weeks, 5 days, 15 hours, 53 minutes ago

AT, you’re mistaken. A court’s inherent contempt powers are quite broad. They are not limited to addressing only knowingly false statements or obstruction of justice. I have no problem with a judge smacking down a lawyer who acts like a total jerk in the courtroom, which this guy sounds like. As if the profession doesn’t have a bad enough reputation as it is. There is no reason to behave the way Mr. Reposa did. OK, so he disagrees with the prosecution or didn’t like the prosecution’s complaint to the judge - say so and take it up with the judge. Explain you side. But to make crude hand gestures? What is this, eighth grade? Reposa - go to the back of the class.
Posted by Appalled - 5 months, 3 weeks, 5 days, 14 hours, 51 minutes ago

"Mike”
Are you suggesting that somebody deserves to be RAPED because they made a hand gesture? And you find the fact that he may suffer rape FUNNY? You are truly a despicable person. If he deserves prison, you also do. I sincerely hope you are not a lawyer.
Posted by Horace - 5 months, 3 weeks, 5 days, 14 hours, 48 minutes ago

Mike Hunt, do you often have yourself paged by women announcers in railroad stations, airports, etc.?
Posted by SRG - 5 months, 3 weeks, 5 days, 13 hours, 24 minutes ago

This is not about punishing “speech.” It is about being in contempt of court. Certainly some of our freedoms are curtailed in the courtroom. We are not free to tell a judge what we really think of his/her ruling, we are not free to curse at court personnel, and we are definitely not free to be late for a hearing.

All I can say, is that is about time that judges stand up and reprimand those attorneys that give the rest of us a bad name.
Posted by Erik - 5 months, 3 weeks, 5 days, 13 hours, 3 minutes ago

Big amen, SRG. Can you imagine the kind of slime bucket this guy must be to look a female - or any - judge in the eyes and make that particular gesture? I can’t even do it alone in my office without cringing.
Posted by new mesg - 5 months, 3 weeks, 5 days, 12 hours, 14 minutes ago

Of course a judge is going to find someone like that in contempt. The severity of the punishment is something lawyers could argue about ad nauseum.
Why does it matter that he “looked at her” when he made the gesture? Why does it matter if the judge is female? If he is in contempt, he is in contempt. I thought the big feminists of the 70’s supposely taught us that women were identical to men and thus could do the same jobs etc.... Now the point of some of these posts is that this judge is especially victimized by the gesture because she is female. Give me a break. Which is it, hard line equality or victimization? Lawyers should leave the self-contradicting arguments to politicians and use some logic. The lawyer here should get the same sanction for misconduct regardless of the judge’s gender.
Posted by R - 5 months, 3 weeks, 5 days, 11 hours, 33 minutes ago

I would ask the ABA to either suspend “Mike Hunt’s comment privileges or require him/her to go by “M. Hunt” or “Michael Hunt.” This individual has a habit of commenting on matters involving sex discrimination, harassment, etc., and has typically outrageous comments.

I’m impressed that the lawyer who was given the 90-day sentence felt that it was “fair.” It seems way too severe for me: I would think a week or a couple of days would have been more than enough. Then again, I wasn’t there - and the idea that any lawyer would make a gesture simulating masturbation while looking a judge OR opposing counsel in the eye makes me cringe.
Posted by Diego - 5 months, 3 weeks, 5 days, 10 hours, 21 minutes ago

It was a stupid thing to do, but 90 days? Really? In most states you have to be on your second or third drunk driving conviction before you get 90 days for it. And that is a crime that poses genuine public safety dangers. I stern talking to and maybe an hour or two in custody would more than suffice this “crime”. This judge is a petty, vindictive little witch and probably deserves the contempt the lawyer showed. She should be placed into permanent retirement for showing such a gross lack of perspective.
Posted by SR - 5 months, 3 weeks, 5 days, 8 hours, 23 minutes ago

A hand gesture such as described in the article has no place in a courtroom regardless whether the Judge was male/female or transsexual. In reviewing all the comments I am somewhat ashamed at my profession.....what happened to civility, dignity and honor?
Posted by jv - 5 months, 3 weeks, 5 days, 5 hours, 51 minutes ago

SR,

I think everyone agrees that the attorney is lacking civility, dignity, and honor. But the point is that a hand gesture is not grounds for a 90 day jail sentence. That is absurd.

Hunt,

#7 nailed it. Your post is embarassing.
Posted by T Pain - 5 months, 3 weeks, 2 days, 12 hours, 20 minutes ago

Diego, if you had read the story carefully, you would have seen that the female judge before whom the attorney exhibited his contemptuous behavior was not the judge who sentenced him to 90 days. It was another judge who was assigned to the case, as frequently happens where the contemptuous behavior is directed at a judge.

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