Why should Lindsay Lohan be held in contempt of court?

If the Court doesn’t hold Lindsay Lohan in contempt the message to those before the court is clear: The Court isn’t to be taken seriously and justice is about as real as a reality TV show.

I have to wonder if violence against lawyers is escalating. We’ve had some recent provocations against lawyers that make me pause and consider why. Right here in Iowa on July 9, 2010 we had a lawyer being assaulted while standing in a Dubuque County court room. It’s not the first and certainly won’t be the last. Several years ago a lawyer in Polk County was assaulted by his client while standing before the Court. Assuming the lawyer didn’t fall asleep during the trial, the defendant had to be mad at the judge or jury and not his own lawyer. The lawyer is there on the side of the defendant; so why the lawyer?

In Dubuque, Iowa the prosecutor Ralph Potter won his case and as the defendant was being led from the courtroom in handcuffs he struck Potter on the top of the head with both hands, likely cutting him with the handcuffs. The defendant had just been convicted by a jury of second degree murder. The charges were for a violent crime; not jay walking. Where were the deputies and why weren’t they isolating this man who was just convicted of second degree murder and assault causing serious injury? After a two week trial over a knife fight everyone in the courtroom was on notice of his violent tendencies. Did the Dubuque County Sheriff’s Office need a script on how this one might play out?   

This is becoming more and more common for lawyers to be attacked for what amounts to doing their job. Perhaps it’s the manner in which they do their job or the emotional stability, or lack thereof, of the people involved. Whatever is the cause, a clear message needs to be sent by the Courts. If violence against lawyers remains unaddressed the Court isn’t too far from a time when lawyers will refuse to become involved in controversies that pose physical danger to these officers of the court. If violence against lawyers remains unaddressed the Court isn’t too far from a time when lawyers will refuse to become involved in controversies that pose physical danger to these officers of the court.

Man Hits Prosecutor In Face After Guilty Verdict

Prosecutor in Dubuque assaulted, sent to hospital, July 9, 2010

This isn’t an insolated incident and in this instance I have to wonder how the defendant got close enough to strike an unarmed court officer. We see this being played out in California with little Ms. Lohan and her fingernail message. Frankly the entire thing smacks of disrespect for everyone involved. The disrespect for court proceedings was played out with Lindsay attempting to explain her way out of her foiled flip-off fingernail fiasco. She tried, she failed and in the end the message to the court couldn’t be any clearer. So what’s a judge to do?

If the court doesn’t charge her with contempt of court it will send a clear message to others that in court anything goes and the Courts could care less. This is just a flip-side of the same coin where people before the court think the court of public opinion on the Internet rules. If violence against lawyers remains unaddressed the Court isn’t too far from a time when lawyers will refuse to become involved in controversies that pose physical danger to us as officers of the court.

What is the evidence against Ms. Lohan?

Lindsay Lohan Denies Her Fingernails Contained a Message for the Judge

A message on Twitter signed by “lindsaylohan” explains that the nails had nothing to do with the court but was a joke with friends. The Twitter message is below.  On her middle fingers was an airbrush message or design, and as published by foxnews.com was this statement: “… appeared in court with the words “f**k u” printed on her middle fingernail.” It wasn’t the pinky or the index finger it was the middle finger.

@liana_levi didn't we do our nails as a joke with our friend dc? it had nothing to do w/court.. it's an airbrush design from a stencil xx 2:22 PM Jul 7th via web lindsaylohan Lindsay Lohan

Oh, it’s just a funny design? Why didn’t the other 300 million people in the United States or the 6.8 billion people in the world catch on to that one? We all must have missed it. Sorry, my bad. Perhaps the Court in its order holding her in contempt and sentencing her to further jail time will send her a message of “f**k u”. Then we’ll see how funny she thinks it is.

For the sake of the argument let’s assume the truth of the statements attributed to Lindsay Lohan through the Twitter account. Even if true why would you appear in a courtroom before a judge who is there to consider sentencing you for a probation revocation hearing with any message on your nails that might offend the court? Why take the chance of offending the Judge? Why not cover it up with a Band-Aid or better yet, remove it or simply cover it up with more fingernail polish? Or how about sitting on your hands instead of directing the fingernails to the court and cameras? I have to tell you Lindsay if you were my client I’d withdraw and I don’t care how much money you’re paying me as your lawyer some things are just plain wrong. You’ve painted the judge right into a corner and my guess is the Judge will have no choice but to haul your enlarging fat ass before the bench for a hearing for you to explain why you shouldn’t be held in contempt. That’s going to mean more embarrassing testimony, additional bad publicity and probably more jail time.

Lindsay Lohan fingernail message could spell more jail time, experts say, July 2010

Lindsay Lohan's Manicure Message Gets Attention, July 2010

Are lawyers the scapegoats for anger against the judiciary?

You may wonder why the Court would even consider having a hearing to hold you in contempt. Just read the news reports about officers of the courts being assaulted. The clients who are frustrated with the court system or the results, and deem themselves being unfairly treated take it out on the lawyers. The Judges are protected behind security cameras, have armed deputies at their disposal and metal detectors for screening courthouse visitors they provide limited or no protection for the lawyers. Lawyers as officers of the court have become the target. Take the Minnesota attorney, Terri Melcher who was stabbed a dozen times by the ex-husband of one of her clients. He found her alone in her office and then proceeded to stab her multiple times. She received stab wounds to her face, throat and head. Face facts, the lawyers don’t write the decisions or the laws that form the basis of the decisions. We are implements of the court system doing a job that no one is getting as rich as Lindsey Lohan from doing legal work. If you think all lawyers are getting rich guess again. They aren’t and especially not from the legal work involved with defending the public or divorce work.

And in the same story about Melcher is another grizzly story about a 2003 murder that took place right in the Minnesota court women’s restroom by a disgruntled woman over an inheritance dispute. And speaking of inheritance disputes, who can forget the Florida attorney attacked outside the courthouse and shot multiple times. I don’t agree that the description on this video is accurate, but this footage is raw and one of the better one’s I’ve viewed on YouTube.  

So what will be the Lindsay Lohan court’s message? F**k u or F-you Lindsay?

Stabbed by Client’s Ex-Husband, Lawyer, 54, Has ‘Horrible Injuries’ But Is Recovering, June 17, 2010

Lawyer stabbed to death at Indian court: reports, July 8, 2010