Fighting words
SJC: Judge went too far with contempt finding after teen’s outburst in court
A landmark SJC decision wipes away a finding of criminal contempt against a juvenile who called a judge a “dumb, white bitch” — along with other salty words — during a hearing in Brockton.
The Massachusetts Supreme Judicial Court ruled Monday the judge “had a mandate to treat the juvenile as a child requiring ‘aid, encouragement and guidance’ ” and to also let a colleague take over after being insulted.
The 16-year-old runaway lost her composure when the Plymouth County judge set $1 bail instead of letting her go back to her state-run program in 2017. Any bail would trigger a Department of Children and Families detention order.
“Like, I don’t understand why I can’t get sent back to my program. This is my first case … my first case, girl,” the teen said, the SJC decision states. “You don’t even know me like that.
“Give me the (expletive) papers. (Expletive) you … And DCF ain’t paying my bill, you dumb, white bitch. … You dumb bitch,” the teen added.
The juvenile apologized after a recess, but the judge found her in criminal contempt and continued the matter for sentencing. All juvenile court cases are sealed, but this case was appealed and landed before the state’s highest court where the justices said the judge went too far.
Attorney Joe Schneiderman, who defended the teen in her appeal, said the SJC “struck a thoughtful balance” in this courtroom showdown.
“This is a banner, positive, landmark win for children throughout the commonwealth,” Schneiderman told the Herald Monday. “Children in juvenile court shall not be treated as criminals.”
When asked if insults could become commonplace, he said: “Absolutely not,” adding “two wrongs don’t make a right.”
Attorney Wendy Murphy, a victims’ rights advocate, said the SJC needed to think about order in the court.
“I know it was a 16-yearold, and kids don’t exactly have good impulse control, but anyone in a court of law who insults a judge in a racist manner should face immediate and serious consequences,” she said.
The SJC doubled down on a memo sent last summer urging judges and lawyers to “root out” bias in the courtroom.
“As judges, we must look afresh at what we are doing, or failing to do, to root out any conscious and unconscious bias in our courtrooms; to ensure that the justice provided to African-Americans is the same that is provided to white Americans; to create in our courtrooms, our corner of the world, a place where all are truly equal,” the SJC added in a footnote.
The juvenile is over 18 now and out of the system, but she argued she didn’t want the criminal contempt to remain on her record — sealed or not sealed.
Plus, the SJC added: “Adolescent brain development, makes juveniles unusually prone to emotional outbursts.”