6 Months In Jail For Yawning?

August 10, 2009 by Marc Lamont Hill

Last week, a Chicago-area judge sentenced Clifton Williams to 6 months in jail. The crime? No, not drugs, theft, or violence. The offense for which Williams was sentenced was far more ordinary: yawning.

Williams, who sat in the galley as his cousin was being sentenced on drug charges, let out a yawn and stretch while Judge Daniel Rozak was handing out the sentence. Rozak immediately found him in contempt-of-court and handed him a 6 month sentence, the largest sentence legally permissable without a mandatory review. Ironically, Williams’ cousin received 2 years of probation for slinging crack.

Of course, it is unlikely that Williams is completely innocent. In fact, I have no doubt that he let out a yawn as means of disrupting the court. It is also unlikely that Williams, who has already been incarcerated for a week, will have to serve the entire sentence. Most people in the county get out of jail in a few days by apologizing to the judge. Still, this feels like an egregious abuse of judicial power.

Without question, courtrooms are central to the functioning of our democract. As such, they deserve full decorum and respect. It is for this reason that judges have broad legal discretion to effectively manage their court rooms. Unfortunately, some judges do not use their authority in the interest of order and justice, but rather to satiate their thirst for unchecked power and uncritical deference.

Judge Rozak seems to be one of those people.

This year, 5 contempt charges have been brought in the county. Four have been brought by Rozak. In fact, since 1999, Rozak has accounted for one-third of all contempt charges. Given the fact that there are more than 30 judges in the 12th Judicial Circuit, we have every reason to believe that his behavior is both excessive and irregular.

Given the current assault on individual freedom and justice, particularly for our most vulnerable citizens, it is important that we keep a spotlight on such activities, both in Chicago and in our own cities. More importantly, we must organize and challenge the system that allows such behavior to go unexamined and unpunished.

Categories: MLH
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13 Comments

1. DCI74 wrote:

Wow

August 10, 2009 @ 12:01 pm

2. Tom Penn wrote:

((( YAWN )))

August 10, 2009 @ 12:15 pm

3. Mrs. Rivers wrote:

yawn . . . . thats typically what I do after I read Tom Penn’s comments. . . .
but anyways, there has to be a deeper story to this. It just doesnt make any sense.

August 10, 2009 @ 12:23 pm

4. ~JJG~ wrote:

It appears that the judge made an emotional decision by sentencing Williams to six months for yawning. Indeed, I am sure Williams was disturbing Rozak’s courtroom, but there’s no logical in the sentencing. It is excessive.

August 10, 2009 @ 12:47 pm

5. stephion wrote:

It appears, That the Judge did the right thing being emotional or not , far to many times we have to deal with thugs in the court and in our community doing stupid/’silly stuff I am a young 30 year black male working hard to make a living a way for myself , I went to school and did what i was told to do, there are rules everywhere , in and outside of court you should respect the system and yourself-hell he needs to spend the full term and think about his action, ….with great angry Stephion (of http://www.blackbuzz.com)

August 10, 2009 @ 8:02 pm

6. Clif Soulo wrote:

Much like those cops that slammed down an 80 year old woman, busting her head open on the cement….smh. the abuse of power from the officers to the judges is disguting to me.

August 10, 2009 @ 8:29 pm

7. EminemsRevenge wrote:

MY only encounter with the penal system was calling a cop in open court a f*&%ing LIAR in open court, TWICE…so I’M supposed to feel some sort of empathy for this punk?

[MY case involved a DWI in which i WAS drrunk...an 0.34, but I wasn't in the car...and the housing cop i called a fuckin' crarcker KNEW that, his buds at the 113th in Queens told the owner of the car to "shut the fuck up NIGGER if you know what's good for you," but all THAT shit was pre-Sharpton]

When are YOU housenigroes gonna get INDIGNANT and kick my fieldnigger ass off this site?

August 10, 2009 @ 9:14 pm

8. ~JJG~ wrote:

Ahh dayum EminemsRevenge, I thought you were still playing in traffic. . .

August 10, 2009 @ 10:16 pm

9. Corve DaCosta wrote:

We were not there to hear the yawn. For the judge to sentence him I would want to think it was done outrageously. People must begin to have respect again. The judge may have acted harsh but someone has to stop these acts of indiscipline.

August 12, 2009 @ 12:22 am

10. Clif Soulo wrote:

No Corve DaCosta, you have that person thrown out of the courtroom. 6 months for yawning is bullshit. Ain’t no other way to slice it.

August 12, 2009 @ 2:01 pm

11. DCI74 wrote:

Normally judges give warnings regarding courtroom decorum but not immediately. If there is too much talking or a series of outbursts the bailiff addresses it in many cases before the judge even has to say anything. But once the judge chooses to address it the person or people get a warning veiled within a threat, being thrown out if it happens again. Surely there is more to the story and I’m curious if there were any other outbursts prior to this yawn. It just seems odd that he wasn’t removed or perhaps held in contempt instead of being sentenced to 6 months.

August 12, 2009 @ 9:30 pm

12. Mario wrote:

This story must have gotten around. The judge has let the guy go now.

August 14, 2009 @ 12:28 pm

13. boris wrote:

Now if only judges could get blacks to stop talking in movie theaters

August 15, 2009 @ 9:57 pm

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