Legal Ethics

‘But My Dead Husband’s Black’ Not An Excuse To Drop The N-Word In Court

The disciplinary commission’s gonna hear about this one.

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Curse

(Image via Getty)

Chicago attorney Donna Makowski has joined the long line of folks in the legal system who can’t figure out the intricacies of online court appearances. But in Makowski’s case rather than a cute cat filter, observers were treated to obscenities and racial slurs. Delightful.

Last week, during a Zoom court hearing, Makowski was unable to master the mute button and participants in the call — including Judge Dominique Ross, a Black woman — were treated to a barrage of inappropriate language. As reported by the Chicago Sun-Times:

Donna Makowski apparently was referring to personnel with the Cook County sheriff’s office when she said “those motherf*****rs.” She also used the N-word, according to court records.

The following day, Judge Ross scheduled a contempt hearing. At that hearing, Makowski apologized for the “inexcusable episode,” saying “I’m shaken and I’m humiliated.” Makowski also sought to assure the court the hurtful slur was not directed at the judge. A poor excuse — and not the only one — that the judge was having exactly none of:

“It was outrageous, whether you were directing it to the court or not,” the judge replied. “I’m sure that you have clients who are people of color. “

“My husband was,” Makowski said. “My deceased husband.”

“That does not give anybody a pass to make those types of statements,” the judge said. “They’re just not proper.”

Ultimately, however, Judge Ross found contempt of court was not a proper punishment “because the court cannot teach adults not to make ignorant statements, to make racial slurs, whether they are directed at the court or not.

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“There is no punishment that this court can impose upon you that is going to surpass the embarrassment, the humiliation that your colleagues and other judges have heard you make. Your apology is accepted.”

…But Judge Ross *will* be referring the matter to the Attorney Registration and Disciplinary Commission.

Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. 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 or Mastodon @[email protected].

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