{"id":167347,"date":"2026-11-13T09:35:02","date_gmt":"2026-11-13T17:35:02","guid":{"rendered":"https:\/\/xira.com\/p\/2026\/11\/13\/calling-a-judge-a-ccksucker-is-rude-but-it-isnt-criminal-contempt\/"},"modified":"2026-11-13T09:35:02","modified_gmt":"2026-11-13T17:35:02","slug":"calling-a-judge-a-ccksucker-is-rude-but-it-isnt-criminal-contempt","status":"publish","type":"post","link":"https:\/\/xira.com\/p\/2026\/11\/13\/calling-a-judge-a-ccksucker-is-rude-but-it-isnt-criminal-contempt\/","title":{"rendered":"Calling A Judge A \u2018C*cksucker\u2019 Is Rude, But It Isn\u2019t Criminal Contempt"},"content":{"rendered":"

The Pennsylvania Supreme Court has some news for thin-skinned trial judges: being called a cocksucker from the gallery is crude and impolite\u2026 and not, as it turns out, a crime.<\/p>\n

Back in June 2022, Basile Outlaw was sitting in Philadelphia Common Pleas Judge Roxanne E. Covington\u2019s courtroom to support a friend facing criminal charges. When Judge Covington denied the friend\u2019s motion to suppress, Outlaw stood up and said that \u201cthe judge is a cocksucker,\u201d loudly enough for her to hear it. Judge Covington asked, \u201cWhat did you say?\u201d Outlaw had a sudden flash of good judgment, said, \u201cNever mind. I\u2019m leaving,\u201d and walked out.<\/p>\n

A deputy sheriff and a court employee searched the building for him. He came back on his own to apologize, saying he regretted the outburst, and was taken into custody for direct criminal contempt. Outlaw was sentenced to, and served, 30 days in jail for the offense.<\/p>\n

On appeal, the Philadelphia District Attorney\u2019s Office agreed with Outlaw that there wasn\u2019t enough evidence to support the conviction, but the Superior Court upheld it anyway. That left the Supreme Court without anyone to argue for the conviction, so it invited the state Attorney General\u2019s office to do it, which it accepted.<\/p>\n

In an opinion<\/a> by Justice David Wecht, the Supreme Court unanimously reversed the conviction. To prove direct criminal contempt in Pennsylvania, the Commonwealth has to show misconduct in the court\u2019s presence, committed with intent to obstruct the proceedings, that actually obstructs the administration of justice. And obstruction means a significant disruption. In the Court\u2019s words, \u201c[i]nappropriate and even ill-mannered conduct which does not obstruct or delay the trial falls short.\u201d Or, more briefly:<\/p>\n

\n

Mere affront to the trial judge is not enough.<\/p>\n<\/blockquote>\n

Here the hearing paused for the length of one \u201cWhat did you say?\u201d The Court called it the \u201cexact sort of \u2018transient delay\u2019 or \u2018momentary break in the proceedings\u2019\u201d it had already held doesn\u2019t count in Williams v. Williams<\/em>, a 1998 case in which a litigant called a judge a \u201cfucking asshole.\u201d The Court did not want to start grading insults. It said it \u201cwill not endeavor to rank the various obscenities discussed here in order of offensiveness,\u201d but saw no reason \u201cfucking asshole\u201d would obstruct justice any more or less than \u201ccocksucker.\u201d<\/p>\n

Courts in other places haven\u2019t always been so understanding, though the results depend a lot on where you\u2019re swearing. In Michigan, an appeals court upheld a criminal contempt finding against an attorney<\/a> for calling the judge a \u201cfucking cunt\u201d at the end of a Zoom hearing, even though he insisted he didn\u2019t think anyone could hear him. In 2021, a St. Louis County judge ordered a medical malpractice attorney to spend a week in jail<\/a> after he told the court \u201cfuck you.\u201d Meanwhile, a man who told a judge to get fucked<\/a> in the middle of a hearing stayed out of jail after a contrite apology. Each jurisdiction has its own rules, but there certainly seems to be a higher standard for lawyers. They\u2019re officers of the court, and judges are a lot less willing to write it off as a bad day when the person cursing at them has a bar card.<\/p>\n

The court went on, noting, trial judges \u201care supposed to be persons of fortitude who are able to thrive in a hardy environment,\u201d and they \u201cmust be on guard against confusing offenses to their sensibilities with obstruction of the administration of justice.\u201d<\/p>\n

Translation: grow a thicker skin, Your Honor.<\/p>\n

\u201cBeing offended shouldn\u2019t justify a criminal conviction for the rest of your life,\u201d Aaron Marcus of the Defender Association of Philadelphia, who represented Outlaw, told the Philadelphia Inquirer<\/em><\/a>. And that was the point of the appeal here, because while the conviction is gone, the 30 days he spent in jail are not.<\/p>\n

Earlier:<\/strong> Turns Out You Shouldn\u2019t Call The Judge A \u2018Fcking C<\/em>nt\u2019<\/a>
Lawyer Heading To Jail After Telling Judge \u2018F*ck You\u2019<\/a>
Man Tells Judge To Get F*cked In Court, Manages To Avoid Jail<\/a><\/p>\n

\n

\"\"<\/p>\n

Kathryn Rubino is a Senior Editor at Above the Law, host of\u00a0The Jabot podcast<\/a>, and co-host of\u00a0Thinking Like A Lawyer<\/a>. AtL tipsters are the best, so please connect with her. Feel free to email\u00a0her<\/a>\u00a0with any tips, questions, or comments and follow her on Twitter\u00a0@Kathryn1<\/a>\u00a0or Bluesky\u00a0@Kathryn1<\/a><\/em><\/strong><\/p>\n

The post Calling A Judge A \u2018C*cksucker\u2019 Is Rude, But It Isn\u2019t Criminal Contempt<\/a> appeared first on Above the Law<\/a>.<\/p>\n

<\/em><\/strong><\/p>\n

\"\"<\/figure>\n

The Pennsylvania Supreme Court has some news for thin-skinned trial judges: being called a cocksucker from the gallery is crude and impolite\u2026 and not, as it turns out, a crime.<\/p>\n

Back in June 2022, Basile Outlaw was sitting in Philadelphia Common Pleas Judge Roxanne E. Covington\u2019s courtroom to support a friend facing criminal charges. When Judge Covington denied the friend\u2019s motion to suppress, Outlaw stood up and said that \u201cthe judge is a cocksucker,\u201d loudly enough for her to hear it. Judge Covington asked, \u201cWhat did you say?\u201d Outlaw had a sudden flash of good judgment, said, \u201cNever mind. I\u2019m leaving,\u201d and walked out.<\/p>\n

A deputy sheriff and a court employee searched the building for him. He came back on his own to apologize, saying he regretted the outburst, and was taken into custody for direct criminal contempt. Outlaw was sentenced to, and served, 30 days in jail for the offense.<\/p>\n

On appeal, the Philadelphia District Attorney\u2019s Office agreed with Outlaw that there wasn\u2019t enough evidence to support the conviction, but the Superior Court upheld it anyway. That left the Supreme Court without anyone to argue for the conviction, so it invited the state Attorney General\u2019s office to do it, which it accepted.<\/p>\n

In an opinion<\/a> by Justice David Wecht, the Supreme Court unanimously reversed the conviction. To prove direct criminal contempt in Pennsylvania, the Commonwealth has to show misconduct in the court\u2019s presence, committed with intent to obstruct the proceedings, that actually obstructs the administration of justice. And obstruction means a significant disruption. In the Court\u2019s words, \u201c[i]nappropriate and even ill-mannered conduct which does not obstruct or delay the trial falls short.\u201d Or, more briefly:<\/p>\n

\n

Mere affront to the trial judge is not enough.<\/p>\n<\/blockquote>\n

Here the hearing paused for the length of one \u201cWhat did you say?\u201d The Court called it the \u201cexact sort of \u2018transient delay\u2019 or \u2018momentary break in the proceedings\u2019\u201d it had already held doesn\u2019t count in Williams v. Williams<\/em>, a 1998 case in which a litigant called a judge a \u201cfucking asshole.\u201d The Court did not want to start grading insults. It said it \u201cwill not endeavor to rank the various obscenities discussed here in order of offensiveness,\u201d but saw no reason \u201cfucking asshole\u201d would obstruct justice any more or less than \u201ccocksucker.\u201d<\/p>\n

Courts in other places haven\u2019t always been so understanding, though the results depend a lot on where you\u2019re swearing. In Michigan, an appeals court upheld a criminal contempt finding against an attorney<\/a> for calling the judge a \u201cfucking cunt\u201d at the end of a Zoom hearing, even though he insisted he didn\u2019t think anyone could hear him. In 2021, a St. Louis County judge ordered a medical malpractice attorney to spend a week in jail<\/a> after he told the court \u201cfuck you.\u201d Meanwhile, a man who told a judge to get fucked<\/a> in the middle of a hearing stayed out of jail after a contrite apology. Each jurisdiction has its own rules, but there certainly seems to be a higher standard for lawyers. They\u2019re officers of the court, and judges are a lot less willing to write it off as a bad day when the person cursing at them has a bar card.<\/p>\n

The court went on, noting, trial judges \u201care supposed to be persons of fortitude who are able to thrive in a hardy environment,\u201d and they \u201cmust be on guard against confusing offenses to their sensibilities with obstruction of the administration of justice.\u201d<\/p>\n

Translation: grow a thicker skin, Your Honor.<\/p>\n

\u201cBeing offended shouldn\u2019t justify a criminal conviction for the rest of your life,\u201d Aaron Marcus of the Defender Association of Philadelphia, who represented Outlaw, told the Philadelphia Inquirer<\/em><\/a>. And that was the point of the appeal here, because while the conviction is gone, the 30 days he spent in jail are not.<\/p>\n

Earlier:<\/strong> Turns Out You Shouldn\u2019t Call The Judge A \u2018Fcking C<\/em>nt\u2019<\/a>
Lawyer Heading To Jail After Telling Judge \u2018F*ck You\u2019<\/a>
Man Tells Judge To Get F*cked In Court, Manages To Avoid Jail<\/a><\/p>\n

\n

\"\"Kathryn Rubino is a Senior Editor at Above the Law, host of\u00a0The Jabot podcast<\/a>, and co-host of\u00a0Thinking Like A Lawyer<\/a>. AtL tipsters are the best, so please connect with her. Feel free to email\u00a0her<\/a>\u00a0with any tips, questions, or comments and follow her on Twitter\u00a0@Kathryn1<\/a>\u00a0or Bluesky\u00a0@Kathryn1<\/a><\/em><\/strong><\/em><\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"

The Pennsylvania Supreme Court has some news for thin-skinned trial judges: being called a cocksucker from the gallery is crude and impolite\u2026 and not, as it turns out, a crime. Back in June 2022, Basile Outlaw was sitting in Philadelphia Common Pleas Judge Roxanne E. Covington\u2019s courtroom to support a friend facing criminal charges. When […]<\/p>\n","protected":false},"author":3,"featured_media":167338,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"categories":[16],"tags":[],"class_list":["post-167347","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-above_the_law"],"_links":{"self":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/167347","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/comments?post=167347"}],"version-history":[{"count":0,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/167347\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media\/167338"}],"wp:attachment":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media?parent=167347"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/categories?post=167347"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/tags?post=167347"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}