Contempt of Court

Thoie

I've seen in various threads that any rudeness towards a judge or his judgement could be considered contempt of court. How accurate is that?

For example, I can say
"I think Mr. Xerwafple is a cretin" but I can't say "I think Judge Xerwafple is a cretin"?

Or I can say "Referee Xerwafple made a stupid decision", but saying "Judge Xerwafple made a stupid decision" is contempt of court?

I always thought that you could only be in contempt of court while court was in session, or during the course of a trial. Are you not allowed criticise a judge (or his judgements) at any stage?

ResearchWill

Thoie wrote: »

I've seen in various threads that any rudeness towards a judge or his judgement could be considered contempt of court. How accurate is that?

For example, I can say
"I think Mr. Xerwafple is a cretin" but I can't say "I think Judge Xerwafple is a cretin"?

Or I can say "Referee Xerwafple made a stupid decision", but saying "Judge Xerwafple made a stupid decision" is contempt of court?

I always thought that you could only be in contempt of court while court was in session, or during the course of a trial. Are you not allowed criticise a judge (or his judgements) at any stage?

I have never heard, that rudeness about a decision of a court made outside of court was contempt of court. Can you link to examples as that is new to me.

dermot_sheehan

If an allegation is such as to interfere with the administration of justice, it can be considered a contempt.

So for example, Judge X reached the wrong result in case x. Probably not a contempt of court.

"I think Judge X, purposively assists the accused, is an awful judge, and no one can receive a fair trial before him", if it risks interfering with the administration of justice (i.e. potential jurors have a view of that judge before being empanelled, acquittals by the court the judge presides over aren't regarded as "real acquittals" and the accused are really guilty.

That can be regarded as a contempt of court.

Thoie

ResearchWill wrote: »

I have never heard, that rudeness about a decision of a court made outside of court was contempt of court. Can you link to examples as that is new to me.

This is the thread that prompted the question today, but I've seen similar once or twice before, both on Boards, and other places.

http://www.boards.ie/vbulletin/showthread.php?t=2056546992

ResearchWill

Thoie wrote: »

This is the thread that prompted the question today, but I've seen similar once or twice before, both on Boards, and other places.

http://www.boards.ie/vbulletin/showthread.php?t=2056546992

The mod post said "Mod note: please refrain from getting personal regarding the judge. This could be considered contempt of court."

I would think getting personal about a Judge in relation to such a decision on a public forum, could be contempt and or defamation. But to say in general I think a decision made by judge so and so is legally flawed would not be.

Thoie

ResearchWill wrote: »

The mod post said "Mod note: please refrain from getting personal regarding the judge. This could be considered contempt of court."

I would think getting personal about a Judge in relation to such a decision on a public forum, could be contempt and or defamation. But to say in general I think a decision made by judge so and so is legally flawed would not be.

I can understand how personal comments about our fictional Judge Xerwafple could be defamation, I'm just trying to grasp if you can be in contempt of court when a case is finished. I purposefully didn't mention that thread initially, as I'm not disagreeing with the mod (or joining in that conversation), I'm just curious in general.

In dermot_sheehan's example, saying a judge reached the wrong result in a particular case is probably not contempt. Who decides if it's contempt or not? The judge that you're disagreeing with?

dermot_sheehan

Thoie wrote: »

I can understand how personal comments about our fictional Judge Xerwafple could be defamation, I'm just trying to grasp if you can be in contempt of court when a case is finished. I purposefully didn't mention that thread initially, as I'm not disagreeing with the mod (or joining in that conversation), I'm just curious in general.

In dermot_sheehan's example, saying a judge reached the wrong result in a particular case is probably not contempt. Who decides if it's contempt or not? The judge that you're disagreeing with?

Contempt in the face of the court can be dealt with summarily by the trial judge.

Else the DPP can bring a motion before the High Court for attachment and committal for contempt of court, or the contemptor could be prosecuted on indictment for contempt of court.

Criticism of a decision, even after the case is over can amount to contempt, see DPP v. Walsh (attached)

ResearchWill

dermot_sheehan wrote: »

Contempt in the face of the court can be dealt with summarily by the trial judge.

Else the DPP can bring a motion before the High Court for attachment and committal for contempt of court, or the contemptor could be prosecuted on indictment for contempt of court.

Criticism of a decision, even after the case is over can amount to contempt, see DPP v. Walsh (attached)

I think the paragraph in Walsh went a little further than criticism of a decision. The paragraph stated that the Judges of the Special Criminal Court had no "Judicial independence", "sat with out a jury and which so abused the rules of evidence as to make the court akin to a sentencing tribunal"

I really don't think the statement was legal or just plain ordinary criticism of a judical decision.

But I do think it nicely answers the OP's question, and a statement on boards could very easily fall into the Walsh territory.