Benchslaps

Judge Locks Up Defense Attorney Who Dared To Roll His Eyes At Him

'Rolling your eyes, throwing your hands in the air, acting like I’m some kind of idiot gets you locked up for contempt.'

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It’s a scene familiar to many parents of tweens — threatening to lock an insolent youth away for the disrespectful move of rolling their eyes, but you probably don’t expect to see the scenario playing out in a courtroom between a judge and a defense attorney.

It was in a Milwaukee County courtroom where an interaction between Judge David Borowski  and defense attorney Puck Tsai led to the latter being arrested for contempt. According to reports, Tsai was in court for a client facing charges of homicide by negligent operation of a motor vehicle. The client had been let out on a signature bond, provided they did not use drugs or alcohol. When the client produced a suspicious urine sample, the prosecution asked the court for a bond modification.

Transcripts show Judge Borowski seemed amenable to adding a cash bond, and even suggested the amount the prosecution sought was too low. Tsai objected and the resulting interaction led to Tsai being detained in contempt:

Tsai said the victim was at fault in the accident, and his client has defenses. Borowski countered that defenses don’t affect a bail decision. “Let’s all stop talking,” the judge said.

The defendant returned to his seat, but Tsai remained standing. “Is there something you want to say,” Borowski asked. “Or do you want to go into custody?”

Tsai then said his client is still innocent at this stage of the case.

“No kidding. I get that. Sit down,” Borowski said and ordered Tsai into detention.

“Rolling your eyes, throwing your hands in the air, acting like I’m some kind of idiot gets you locked up for contempt,” Borowski said.

Shortly after later Tsai was returned to the courtroom by the Sheriff’s Office — in handcuffs and belly chains. Borowski ordered the restraints removed, and Tsai apologized and was released.

Borowski’s extreme reaction has prompted backlash in the local bar. State Public Defender’s office spokesman, Randy Kraft, had these strong words about the incident:

“The fact that our attorney was taken into custody, handcuffed, and belly-chained for doing his job is unacceptable,” Kraft said in an emailed statement.

“The impact on our attorney and his client is of utmost concern to this agency.  The message this action sends to our attorneys, whose jobs are to be zealous advocates for the rights of their clients, undercuts a basic tenet of our justice system.”

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And as for Tsai’s client, they were allowed to submit a second urine sample and when that came back clear of any substances, the cash bail was set again to zero.

headshotKathryn Rubino is a Senior Editor at Above the Law, and host of The Jabot podcast. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).

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