Why do I hear of judges threatening contempt for a pro se, bringing up the Constitution in "their" courts?
Family Law Attorney
If you are going to argue Constitutional law, you have to have a constitutional claim, properly pled and presented. There is a principal in the law that if a claim can be determined on any ground other than the constitution, it is to be decided that way. Constitutional questions are the exception, not the rule, and are raised in unusual cases, not as a matter of course in any case. These types of claims are also quite complex, as the constitution generally applies indirectly, not directly, to state claims, which are the types of claims that most people are dealing with in the courts. Even with federal claims, direct constitutional claims are rare.
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Criminal Defense Attorney
There is undoubtedly more going on than some one making a reference to a constitution.
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State, Local, and Municipal Law Attorney
It obviously depends on a lot of specifics. While I'm not a federal court litigator, I do know its not wise to upset a federal court judge, or for that matter a state court judge. I expect that the pro se is misstating the constitutional provision at issue and getting the judge irritated...
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I think you are leaving out some important facts. Pro se litigants frequently have a problem focusing on the legal issues and expect some vague reference to the Constitution to carry the day. Get a lawyer, pay for the advice, and follow it. Good luck.
Unfortunately, your question makes no sense that I can see.
Your reference to 'their' does not seem related to the Constitution, or your litigation, or being pro se.
I would say that if you are on the verge of contempt, you're not listening to the judge has to say--that is 'ungood' as it portends for your case.
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Criminal Defense Attorney
Just because you're Pro Se doesn't mean you can argue anything you want. If the argument is fictional, such as the "sovereign citizen" claims, the judge can easily hold you in contempt for that. Judges have the right to keep their courtrooms free of stupidity.
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