Judge Finds Himself In Contempt Of Court When His New Smartphone Interrupts Closing Arguments

from the the-Man-sticks-it-to...-the-Man dept

Tue, Apr 16th 2013 9:07am — Tim Cushing

Having your cellphone go off during a movie or during your kid's school concert is considered by many to be the penultimate act of rudeness. (Actually answering your phone in these locations is the ultimate act of rudeness, one many feel should be punished by immediate death.) Having your cellphone go off in court is not only considered rude, but (legally) contemptuous.

But, what's the expected response if it's a judge's cellphone that starts making noise while court is in session? At most, we'd expect a brief and possibly brusque apology from the judge before returning to the case at hand. We'd expect nothing more because many authority figures have presented themselves as exempt from the rules they enforce for most of the past 20 50 ~~100 years~~.

Judge Raymond Voet of Ionia County, Michigan is an exception. Rules are rules and should apply equally to everybody, no matter what position they hold.

A Michigan judge imposed a $25 contempt of court fine on himself after his cellphone made noise during closing arguments of a jury trial.

"I'm guessing I bumped it. It started talking really loud, saying 'I can't understand you. Say something like Mom,'" he said. "My face got as red as a beet."

Voet, who said the phone is new and he is still learning how to work it, said he decided to hold himself in contempt of court and fine himself $25 because he wouldn't accept excuses from anyone else whose phones caused disturbances in court.

"If I cannot live by the rules that I enforce, then I have no business enforcing these rules," Voet said.

A new phone can have a steep learning curve and this one soundly defeated the judge's embarrassed attempts to silence it. But rather than just dealing with the misbehaving phone and returning to work (actions no one would have questioned -- after all, he is the judge), Judge Voet subjected himself to the same rules he holds everyone else to.

Sure, the fine is only $25, but the gesture is much, much bigger than that. Voet earned plenty of respect in return for a nominal cash outlay. While we can only speculate as to whether he would have subjected himself to a larger fine in order to set an example, the fact is he followed through on an action that wouldn't have occurred to most of his peers, much less been considered (briefly) with any seriousness.

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Filed Under: contempt, interruption, judge, mobile phones

49 Comments

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Ninja (profile), 16 Apr 2013 @ 7:36am

"If I cannot live by the rules that I enforce, then I have no business enforcing these rules," Voet said.

Must have an uterus installed so I can have his babies.

I'm at a loss of words on how epically awesome this is and even more at a loss on the fact that I am amazed meaning this is not the norm but rather an exception.

I humbly salute this example of a judge.
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silverscarcat (profile), 16 Apr 2013 @ 8:00am

Impressive...
Normally I don't see authority figures taking the same punishment as the people they preside over.

Nice to see that it happened here.
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Gothenem (profile), 16 Apr 2013 @ 8:54am

Awesome
This is how all people in all walks of life should be treated. Equally. This judge obviously has the right idea. The law applies to everyone, rich or poor, judge or customer service representative, CEO or Wal-Mart Greeter. I would feel, after this, that I would be treated fairly by this judge.

Take note all you other judges out there. This is how it's done!
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Anonymous Coward, 16 Apr 2013 @ 9:11am

Re: Awesome
"Take note all you other judges out there. This is how it's done!"

...and Congress...

Oh sorry I was dreaming there for a second...
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Digitari, 16 Apr 2013 @ 9:14am

Re:
This is one of the FEW reasons I Hated Leaving Michigan. Judges, on the whole, are fair, ( at least on the lower west side where I used to live).
Not that I ran into many in an official capacity.I did have some rather scurrilous friends though, even they felt the judgements to be fair.
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TheLastCzarnian (profile), 16 Apr 2013 @ 9:22am

Ignore Dictionary.com, this judge is the definition of integrity.
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michael, 16 Apr 2013 @ 9:24am

Penultimate
"...considered by many to be the penultimate act of rudeness."

Penultimate doesn't mean what you think it means.
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Anonymous Coward, 16 Apr 2013 @ 9:30am

Re: Penultimate
He used it correctly, what exactly are you referring to here?
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John Fenderson (profile), 16 Apr 2013 @ 9:31am

Re: Penultimate
He used the word correctly. "Penultimate" is the next-to-last thing (the ringing of the phone). Ultimate is that last thing (the answering of the phone).
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NoahVail (profile), 16 Apr 2013 @ 9:32am

Judge Voet for PotUS and Senate and House and...
Judge Raymond Voet has the same, exact integrity that is missing from most elected officials and public servants in Washington.
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out_of_the_blue, 16 Apr 2013 @ 9:41am

OR, it's just a publicity stunt. Geez, ONE data point,
and you fanboys just about literally orgasm:

Ninja (profile), Apr 16th, 2013 @ 7:36am

"If I cannot live by the rules that I enforce, then I have no business enforcing these rules," Voet said.

Must have an uterus installed so I can have his babies.

I'm at a loss of words on how epically awesome this is and even more at a loss on the fact that I am amazed meaning this is not the norm but rather an exception.

I humbly salute this example of a judge.

Sheesh. Maybe "Ninja" is Japanese for "Ninny".

Anyhoo, you can't buy better publicity anywhere for $25. And it's always the big criminals who are careful about minor points. -- BUT, sure, on the face of it, FINE. Some judges actually are good... I've never run across one, but it's possible.
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Anonymous Coward, 16 Apr 2013 @ 9:45am

Re: OR, it's just a publicity stunt. Geez, ONE data point,
Or you are full of craycray
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Anonymous Coward, 16 Apr 2013 @ 9:49am

Re: Judge Voet for PotUS and Senate and House and...
He has clearly taken himself out of the running for any DOJ jobs, so an elected official seems like a good option for the citizenry.
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Digitari, 16 Apr 2013 @ 9:57am

Re: OR, it's just a publicity stunt. Geez, ONE data point,
" BUT, sure, on the face of it, FINE. Some judges actually are good... I've never run across one, but it's possible"

only because they always found you guilty.
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adamson, 16 Apr 2013 @ 9:57am

interpret
"If I cannot live by the rules that I enforce, then I have no business enforcing these rules," Voet said.

He meant 'interpret' the laws of course, not enforce.
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OldMugwump (profile), 16 Apr 2013 @ 9:59am

Re: OR, it's just a publicity stunt. Geez, ONE data point,
I'd vote for him EVEN if it was a publicity stunt.

At least he understands the symbolism of equality under the law. That's more than I can say for most politicians.
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Rikuo (profile), 16 Apr 2013 @ 10:00am

Re: OR, it's just a publicity stunt. Geez, ONE data point,
Mike Masnick. Do us an experiment would you kindly? Write an article about how the sky is blue. Oh, and mention that water is wet and people get drunk imbibing alcohol.
We can start a betting pool on how long it takes for the trolls to turn up frothing at the mouth finding fault with everything you just wrote, even though they're cold hard facts.
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crade (profile), 16 Apr 2013 @ 10:04am

The question is, how much is the fine for a non-judge person being in contempt of court?
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John Fenderson (profile), 16 Apr 2013 @ 10:09am

Re: Re: OR, it's just a publicity stunt. Geez, ONE data point,
I second this. It would be hilarious!
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Killer_Tofu (profile), 16 Apr 2013 @ 10:18am

Michigan
At least somebody from Michigan is trying to make the state look decent. With the recent escapades of our local crazy Mike Rogers pushing CISPA to no end making our state look bad, at least we have somebody like Voet.
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technomage (profile), 16 Apr 2013 @ 10:31am

Re: Re: Re: OR, it's just a publicity stunt. Geez, ONE data point,
lol, you forgot ootb's favorite rant: What does that have to do with technology or dirt for that matter...

A better bet would be something along the lines of why a computer has an on button; why keyboard keys press down, instead of up; etc.

but seriously, we need to stop feeding him after midnight, keep him in the sunlight, and prevent him from ever getting near water...
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Bryan (profile), 16 Apr 2013 @ 10:33am

Re: OR, it's just a publicity stunt. Geez, ONE data point,
Not sure what criminal act got you found guilty, but that doesn't mean you didn't get a good judge.
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Bryan (profile), 16 Apr 2013 @ 10:37am

Re:
"The question is, how much is the fine for a non-judge person being in contempt of court?"

$25, just like the sign in the courtroom says.
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Anonymous Coward, 16 Apr 2013 @ 10:43am

Re: interpret
Unless of course his alter ego is Judge Dredd...
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Gwiz (profile), 16 Apr 2013 @ 10:44am

Re: Michigan
At least somebody from Michigan is trying to make the state look decent.

Yeah, I agree. A diamond in the rough for sure, especially after the the escapades of Kwame and Co.
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Anonymous Coward, 16 Apr 2013 @ 11:14am

Re: Awesome
I would feel, after this, that I would be treated fairly by this judge.

Right there is why this sort of behavior is important.
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Anonymous Coward, 16 Apr 2013 @ 11:19am

Re: interpret
In the case of contempt, isn't the judge enforcing the rule? I don't think he is talking about the law, but about the procedural rules of the courtroom.
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Anonymous Coward, 16 Apr 2013 @ 11:24am

Re: OR, it's just a publicity stunt. Geez, ONE data point,
Geez...

The trolls just can't stay away.

These comments are starting to remind me of those at YouTube.

Next thing you know, OOTB will chime in talking about the size of the like bar...
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ShivaFang (profile), 16 Apr 2013 @ 11:25am

Good for him! I wish more authority figures would recognize that the rules apply to them also. This is one Judge who has _earned_ my respect (rather than just demanding it)
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out_of_tha_blue (profile), 16 Apr 2013 @ 11:49am

Re: OR, it's just a publicity stunt. Geez, ONE data point,
"and you fanboys just about literally orgasm"

I'm sure you'll be there then.
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AC Unknown, 16 Apr 2013 @ 11:55am

Re: Re: Re: Re: OR, it's just a publicity stunt. Geez, ONE data point,
Or, Mike could just drop the banhammer on Blue, AJ, hurricane_head/googlypants, and darryl's IP addresses and we could begin the process of an unhindered discussion on how to fix what's wrong with this world.
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Wally (profile), 16 Apr 2013 @ 12:39pm

Re: Re: Re: Re: OR, it's just a publicity stunt. Geez, ONE data point,
"What does that have to do with technology or dirt for that matter..."

Well it is Techdirt you know... ;-)
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Anonymous Coward, 16 Apr 2013 @ 12:42pm

Instant respect for that judge.
If you're in a leadership position and you're not following your own rules and guidelines, you aren't qualified for that position.
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Wally (profile), 16 Apr 2013 @ 12:43pm

Just wanting to point out that the learning curve is greater for the general public than it is for those of us whom are used to using technology on a regular basis. This judge is awesome for realizing what was going on and I think that this is probably the judge I would love to see in court if I ever get a subpena to the Ionia County Clerk of Courts in Michigan.
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Prisoner 201, 16 Apr 2013 @ 12:44pm

Re: interpret
I assumed he meant the rules of the courtroom, not the law.
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DOlz, 16 Apr 2013 @ 1:23pm

Can we get this Judge on the Supreme Court?
Subject title says it all.
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Uriel-238 (profile), 16 Apr 2013 @ 1:29pm

Bravo, good sir.
A nice moment of good sportsmanship to brighten my day.

Of course, I'm sure he can afford the $25.
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ShellMG, 16 Apr 2013 @ 1:31pm

Re: Michigan
We have at least one other good guy in Justin Amash. He opposes CISPA.
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Gwiz (profile), 16 Apr 2013 @ 2:18pm

Re: Re: Re: Re: Re: OR, it's just a publicity stunt. Geez, ONE data point,
Or, Mike could just drop the banhammer on Blue, AJ, hurricane_head/googlypants, and darryl's IP addresses...

AFAIK Mike has never banned anyone from commenting on Techdirt. That would kind of go against his stance on Free Speech - that ignorant or incorrect speech should be countered with more speech, not censored. That's also why when the community down votes a comment it just hides it and it isn't removed entirely.

You end up getting deeper, more involved conversations when there are dissenting views, instead of an echo chamber with everyone agreeing on everything.

As an added bonus, we (the community here at Techdirt) get to claim higher moral ground over the sites which moderate and choose which comments to allow. Like the websites of the RIAA and the MPAA, all the MSM sites and that silly blog of David Lowery's.
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toyotabedzrock (profile), 16 Apr 2013 @ 2:21pm

Or
It would be better if everyone just had more understating for each others mistakes.
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That Anonymous Coward (profile), 16 Apr 2013 @ 3:41pm

If only this was the standard and not an outlier.
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John Fenderson (profile), 16 Apr 2013 @ 4:04pm

Re: Re: Re: Re: Re: OR, it's just a publicity stunt. Geez, ONE data point,
One of the things I like about Techdirt is that there is no banhammer (or at least, the threshold for banning is extremely high).

The trolls can be annoying, but they are also easy to ignore.
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special-interesting (profile), 17 Apr 2013 @ 3:27am

A good example of a good example. Shows style and humility. A man of some substance.

Stuff like that (forgot to turn off cell phone) just happens even in dire situations like a courtroom. The fine even sounds reasonable.

Hmmm. Fine sounds reasonable... (don't get me goin now.)

This once and a while phone ringing occurrence normally happens when we rely on cell phone gadgets so much. They are everywhere and ubiquitous to everyday life. Similarly we have copy machines everywhere in our lives and sure enough every once and a while we photocopy a picture or two and post them on a bulletin board somewhere else. If you don't then your kids will.

In real life what would be the maximum a judge could do to errant distractions? A few hundred dollars and confiscation of the phone for a while?

Lets compare the $25 serious contempt of court fine for a cell phone ringing in the courtroom to the potential statutory fines of 150,000 for copyright criminal violations. Why the discrepancy? Seems way out of line even to put into writing such a ridiculous amount.

So turn on the cellphones in the courtrooms but lock up that dangerous copy machine its a vice more dangerous than a Gutenberg press with the inquisition hunting you down. (for printing Bibles no less.)
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David (profile), 17 Apr 2013 @ 11:02am

When is he running?
When is he running for something? This is a man I would vote for!
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Charles, 19 Apr 2013 @ 10:41am

Hello, Judge! Would you like to run for President of the USA?
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Someone who works with the man, 20 Apr 2013 @ 12:53pm

Re: How much does he fine anyone else?
He gave himself the same exact consequence that he gives anyone else...a $25 fine. It's not a publicity stunt either. He is truly shocked by the publicity this has had. I assure you, he's just that honest. It's nice to be able to work with a man of true integrity.
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A Libertarian, 11 May 2013 @ 6:24am

Re: Re: How much does he fine anyone else?
Can he run for Congress?
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Anonymous Coward, 11 May 2013 @ 12:12pm

Re: Re: OR, it's just a publicity stunt. Geez, ONE data point,
Rikuo, all of us Martians resent your obviously false statement of "the sky is blue." You're nothing but a planetist Earthling; what a shame.
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Prof. A.P. GARG, 13 May 2013 @ 11:33pm

High morale
It is the highest morale shown by the judge. He has set an example for others to follow.
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