Sign Language

A post on Mark Bennett’s blog and a story in an ABA email caught my eye.  A criminal defense attorney in Austin was convicted of contempt and given 90 days in jail for making a “gesture, which simulated masturbation.”

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.

And what happened that caused Mr. Reposa to make such a foul gesture?

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.

I wasn’t there, I don’t know Mr. Reposa, but it seems like the prosecutor getting upset because of the whispering in the client’s ear during the plea offer seems like a pretty trivial thing to get upset about.  I’ve certainly whispered in a client’s ear while the prosecutor is talking, just like every other defense attorney out there.  Maybe making the jerk off gesture isn’t the best way to handle the situation.

But 90 days in county?  Is that really needed.  I’m sure every prosecutor out there salivates at the thought of being able to lock up a defense attorney, but is locking this guy up and probably destroying his practice a fair punishment for a rude gesture?  Hardly.