"While the Court is on the record with the Oakland County Jail still logged into the record, while the Court in its immediate sitting and view, [appellant] participated in willful disregard to the court's authority by rendering a gender-based slur to the Court, the word which does not - - it does not fairly roll off my tongue as easily as it does [appellant's] - - was, "f*** c." That is, wow."
"According to Tauber, he believed he was no longer connected to the Zoom (he was attending the virtual hearing from his car, and the screen went black and he mistakenly thought he was disconnected). During the contempt hearing, Tauber's attorney said he was "technologically inept," and did not intend for anyone else to hear the slur. But the appeals court said just because this happened during a virtual hearing "does not preclude a finding that misconduct or insolent behavior by an attorney constitutes contempt.""
An appeals court in Michigan affirmed a criminal contempt finding against attorney Marshall Tauber after he uttered a gender-based slur audible at the close of a Zoom hearing. Judge Yasmine I. Pole characterized the remark as willful disregard for court authority while the Oakland County Jail remained logged into the record and staff and the defendant were present. Tauber said he thought he had disconnected while attending from his car, and his counsel described him as technologically inept who did not intend others to hear. The appellate court held that virtual hearings and momentary frustration do not preclude contempt when a statement impairs court authority.
Read at Above the Law
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