Legal Definitions - presence of the court

The legal term presence of the court refers to an action or event occurring either directly within the observation of a judge or other court official, or more broadly, in any location where a component of the court is actively engaged in official court business.

This concept is particularly important when determining if an act constitutes contempt of court, meaning it disrespects or obstructs the court's authority. An action is considered to be in the "presence of the court" if it:

• Happens within the direct view or hearing of the judge or other court personnel.
• Occurs in a place where any part of the court (such as the judge, jury, or court staff) is conducting official duties related to a case, even if not in the main courtroom.

Here are some examples to illustrate this concept:

• Example 1: Direct Disruption in the Courtroom

  During a criminal trial, a spectator in the gallery becomes enraged by a witness's testimony and begins shouting insults directly at the judge and jury, refusing to stop despite warnings from court officers.

  Explanation: This action is clearly in the presence of the court because it occurs within the direct view and hearing of the judge, jury, and other court officials, and it actively disrupts the ongoing court proceedings.

• Example 2: Interference During Jury Deliberations

  While a jury is sequestered in a hotel room for deliberations, one juror secretly uses their phone to research details about the case online, then attempts to sway other jurors' opinions based on this outside information, which was not presented as evidence in court.

  Explanation: Even though the judge is not physically present, the jury, while deliberating, is a vital component of "the court" engaged in official business. Actions that interfere with the integrity of these deliberations are considered to be in the presence of the court because they undermine the judicial process.

• Example 3: Disrespect During an Official Meeting

  A lawyer, during a scheduled video conference with the judge and opposing counsel to discuss a critical procedural motion, intentionally uses highly offensive and threatening language directed at the judge regarding a previous ruling.

  Explanation: Although not taking place in a physical courtroom, a video conference or meeting held for official court business is considered a setting where the court is present. The lawyer's disrespectful and threatening conduct during this official interaction is therefore deemed to be in the presence of the court.