https://www.youtube.com/watch?v=lLA7dQ-uxR0&feature=player_embedded
The Dunce: Penelope Soto, arrested for illegal possession of a controlled substance (Xanax), and for riding a bicycle recklessly while stoned. Facing arraignment before Miami-Dade County Circuit Judge Jorge Rodriguez-Chomat to determine bail, she laughed at his questions, gave him a mocking farewell, and finally threw an F-bomb his way.
The Hero: the Judge, who tolerated Soto’s disrespectful, dismissive and seemingly stoned behavior up to a point, but when she turned her back on him to leave with a flippant “Adios!”, he doubled her bail amount from $5,000 to $10,000.* Her next reaction was a muttered “Fuck you” and a provocatively raised index finger. For that, he found her in criminal contempt. His sentence: 30 days in jail.
Disrespect for the Court is disrespect for the law, and disrespect for the law is disrespect for the country. I don’t know how people like Ms. Soto reach adulthood without learning this lesson, but bravo to Judge Rodriguez-Chomat for not hesitating to teach it forcefully and well.
The full video of their fateful meeting is above, and worth watching. I recommend showing it to your children, if you have them.
UPDATE: She returned to court with her lawyer, sober and stright this time, and managed a sincere-sounding apology to the judge. He let her out of jail, as he should have. Point made.
*Note: the practical effect of this is to cost Ms. Soto and extra $500, essentially a fine for being rude to the judge. A prisoner typically has to give a bail bondsman 10% of the bail amount to get out of jail until trial. If she doesn’t want to pay that, she can put up the whole amount, which she will get back once she appears for trial.
Ethics Alarms 
An unparented upbringing, a worthless school experience, a vile popular culture and unchurched. At least three of these are prevelant in Miss Soto’s rise to infamy. Too bad Lindsey Lohan didn’t have to face a similar judge.
You already knew she would be a class act when she never stopped playing with her hair. She certainly started off with all the decorum, repose and bearing one would expect of only the most solidly civic-minded of us.
Please format this for sarcasm.
While she’s certainly a Dunce, he’s no Hero.
Once she flipped him the bird, she got what she deserved but I think this started out as a case of a nervous and ignorant first time defendant meets unprofessional judge.
The Judge’s casual “bye-bye” with a dismissive wave of his hand, instead of “the defendant is excused” started the final exchange. If a judge acts and speaks without formality in the courtroom, he should have been a little more tolerant of an “adios”. I don’t think she meant it in a derisive manner, just relieved the arraignment was over, was trying to be a little cute and obviously ignorant of how contritely defendants should behave (she has “no priors”). He even laughed before he decided he didn’t like it. I think he might have felt she was taking the $5000 bail amount with insufficient angst and wanted it to hurt a bit more. He then sarcastically used “adios” himself. That’s the judge’s ego speaking, not his office, and where he loses membership in the Hero’s category, for letting his emotion trump his legal reasoning.
Bail should be used to ensure the attendance of the defendant through upcoming proceedings, not punishment in and of itself. There was nothing she said to indicate that the “standard” bond of $5000 would not accomplish that goal especially since he had just decided she should sell her “Rick Ross” jewelery and hire a private attorney instead of assigning a public defender.
I see nothing in the judge’s behavior to warrant Ethics Hero status.
.
If you sat in the judges chair 8 hrs a day, 5 days a week, listening to …. ‘not the sharpest tacks in the drawer’ coming before you, you may want to give this judge a break. This gal seemed over the top right from the start.. Her ‘smart’ answers to the judge gave her away quickly. So his waving her off” comment didn’t seem inappropriate to me. With kids these days and their total lack of respect for authority…you bet I would want respect in my presence. THIS IS HIS COURTROOM so he has the freedom to call the final shot. She had the opportunity to set the tone … and she blew it. The judge ( I’m sure by now very experienced with people’s behavior) saw right through this woman. And obviously he was right. She could barely answer the question … if she was on drugs in the last 24 hours…as she hemmed and hawed around. She didn’t answer the judges question about her jewelry either…but she did laugh. SO it is apparent who is the dunce. Now she has time to think about her arrogance. I’m sure the girl behind her (in the red suit) acted differently when she was in front of the judge…. the judge wins big time !!
This judge is a typical egomaniac and hypocrite. He said ‘bye bye’ and then flipped when he got the same back. The girl, although aloof, was genuinely cooperative and friendly. As far as respecting the court, how dare she not respect a total societal BS charge of having Xanax, something everyone reading this now has in their medicine cabinet! And let’s not forget she initiated this whole thing by, get this, having a minor accident with her BICYCLE. She shouldn’t have been charged, our courts are not made for handling aloof eighteen year olds who fall off a bicycle. Nor are they made for those in society that think the courts are for enforcing their views on the rest of us. They’re for putting away dangerous people in society. This judge is clearly not fair at all and he has no business on the bench.
The judge can say anything he wants, within reason. She can not give him “the same back”—he is the authority figure, has the power, and it is up to her to conform to his standards. “The girl, although aloof, was genuinely cooperative and friendly” is such a ridiculous statement and so contrary to the video that it doesn’t deserve a rebuttal. He could have legitimately held her in contempt for her disrespectful attitude, and she sure looked stoned to me.
She was driving a bicycle stoned, and was apprehended with controlled substances on her person. That’s not minor. If she had acted sensibly and with deference as an accused citizen facing charges is supposed to act, she would have had a small bail and been in relatively good shape. She is 100% responsible for her fate, and kudos to the judge for not letting her get away with her conduct.
Your concept of how the justice system works and should work is so warped that I’m shocked you’re not in jail yourself.
Or perhaps you are…
Your whole comment makes my brain numb with how ridiculous it is. A bicycle is considered a vehicle. You can get a drunk driving charge riding a bicycle drunk. Having a controlled substance on your person which is not prescribed to you is s federal charge. Most abused drugs in this nation are prescription drugs.
She was not aloof. She was stoned out of her gourd and was slurring her speech. She was incapable of paying attention and giving a coherent response. You are rationalizing away her attitude of not caring for anything besides her next fix.
Thank you!!!
I hope the Judge provides Ms Soto with a copy of this Hearing so she can study it over the next 30 days. She seems, at first, to be openly flirting with him; and at the conclusion appears totally clueless as to why he is angry with her. Perhaps she will emerge from the County Jail a somewhat wiser young lady.
I once had a biker buddy get sentenced to 15 days and he said to the judge “No problem I can do 15 days standing on my head” the judge told him , fine when you get off you head you can do another 15 and sentenced him to serve 30.
I’d say that was a predictable judicial response.
Fortunately for her, his contempt charge is illegal. Her bail was lowered as well today seeing as his doubling it was also illegal. Here is the statute that allows for a contempt charge in this jurisdiction. He was being arrogant and acted above the law. He’s a foolish old man who’s full of himself and his position isn’t one he’s taking seriously.
“There are four essential elements [for contempt of court] under 18 U.S.C. § 401(1). They are: (1) misbehavior of a person; (2) in or near to the presence of the court; (3) which obstructs the administration of justice; and (4) which is committed with the required degree of criminal intent.”
She certainly did not fill this criteria. Now he looks like an idiot.
I’d sure appreciate a link, because I can’t find any hint of what you are claiming.
You are misusing “illegal.” A judge has discretion in deciding what kind of conduct is contempt-worthy, and other judges are reluctant to overturn it. This is a state court, and the Federal Statute you cite is not applicable.
You cannot say “She certainly did not fill this criteria,” though that is not the criteria that matters. I guarantee that saying “Fuck You” to a judge in open court IS contempt, and will always be treated as such. Go ahead—try it. I dare you. The 30 days could be challenged as excessive, but there is no way she will get away with that. Your insults to the judge are uncalled for, and show a Soto-like lack of understanding of the respect due to judges, courts, and the system they represent.
Sorry you couldn’t find the link, I suppose this whole World Wide Web thing is a bit after your time… Respect for judges is one thing, respect for the law is another. His $10 000 bond was overturned because… it’s not legitimate. You cannot use the bond system to punish people. You should be ashamed at yourself bowing to judges who misuse their position. For shame.
http://www.nbcmiami.com/news/Woman-Who-Flipped-Judge-the-Bird-Back-in-Court-Wednesday-189997411.html
1. Thanks for the link.
2. I don’t know who you think you are to gratuitously insult me like that, but I make my living on the Web, jerk, and don’t appreciate the snotty shot. You don’t know me well enough.
3. The link did not back up your contentions, as I fully expected. A bail amount can be appealed; that doesn’t make what the judge did “illegal.” You don’t know what illegal means.
4. The contempt sentence was not and cannot be reversed, as the article correctly says. So you cite an article that correctly says the 30 day sentence will stand, and imply that it states the opposite! So much for your credibility. Were you lying to my readers, or did you not read your own article? This, after citing a Federal statute that isn’t involved in a state matter.
5. The bond amount was legitimate–another word you don’t use properly. It was reduced, that’s all. You cannot use the bail amount as punishment, but you are not required to give a break to someone who disrespects the system. His bail increase simply stated, “Don’t mess with me, or any judge. You’ll be sorry.” She ignored him. She’s in jail. Good.
The judge just defecated on the First Amendment.
Wrong. Absolutely wrong. There is no First Amendment right to be disrespectful of a judge in open court, which undermines the justice system. The judge is empowered to enforce order, and insulting the judge is something he has the power to control with sanctions if necessary. Judges have been allowed to gag and bind defendants in extreme situations. You are just plain mistaken.
There is, for what it’s worth, a somewhat better (and longer) recording embedded in the article at http://www.mediaite.com/tv/did-you-say-fk-me-judge-sentences-florida-teen-to-30-days-in-jail-for-cursing-at-him/ . The additional time is worth watching, as several procedural issues are brought up and discussed.
On your banner you have pictured Eugene V. Debs, certainly no stranger to the court system, which led him to be unjustly imprisoned for much of his life. And yet you seem to be overlooking potential issues in this case – does the punishment fit the crime? For the most part in the US legal system, I would say no. Here we have a girl who isn’t fully in control of her mind – this should have been postponed until she is in full control of her faculties. Further, there is nothing inherently “rude” about the spanish language unless you have racial antagonisms brewing inside of you. Finally, the 30 days charge is completely over-stepping things. A grown man treating a child young enough to be his grand-daughter like this is despicable, and he needs to check his patriarchy at the door before sitting in the judicial chair – now anything that occurs to her while locked up is on his hands.
I assure you, Mr. Debs was always a perfect gentleman in court. The reason I designated this judge a hero is that he did not excuse the inexcusable. Nobody forced her to be stoned, wither while riding a vehicle or when appearing in court. She is old enough to be expected to meet her obligation as a citizen to know how to behave in a courtroom..she did not, Disrespect in a county of law threatened rule of law—absolutely the punishment fits the crime. What do you recommend? Civility classes? She has had a lifetime to learn respect for the law and authority.
Anything that happens to her is 100% her responsibility.
And anything that happens to the judge for this and past political altercations just shows a pattern of him having a hot head and lack of respect himself. There are always two sides; yes, she deserved the 30 days but not the 5-10k bond; the judge wasn’t a “hero” in all this.
I think the Judge’s reason for increasing the Bail was not to “punish” Soto, but to teach her a lesson. She was skipping out of his Courtroom with the same goofy, out-of-it look on her face that she had when the Hearing started. I think that irritated him and, although I can’t say for sure “Why?”– as a parent, I think I can guess. . . .
We never want to hurt our kids (if we’re normal), but we do want them to pay attention to us when we are trying to get through to them about something important. Soto wasn’t paying attention. The Judge had the power to snap her out of it, and he used that power. I don’t see anything wrong with raising the Bail or giving her the 30 days. To me, this is the equivalent of a parent saying, “If you don’t want to wash these dishes before you go out, you can take out the garbage, too.” And if the Kid were then to cuss at the parent, being told: “Now you can just go to your room and sit there and think about it instead, and forget about going out entirely.”
Everyone complains about the revolving door problem of Criminal Justice in this Country. I can’t understand why they’re now angry with a Judge who takes his job seriously, and wants to actually CORRECT someone before they become incorrigible.
Yes, that was how I interpreted his intent as well. He smiled, thought about it, and decided, “You know, she has to learn that this is no way to act in court, or to a judge.” Then she not only didn’t take the hint, she escalated. He had to hit her hard then. I think most judges would have done something similar, if not all.
The bond has been reduced by another judge and she has been granted pre-trial release on the original charge. She also has been assigned a public defender: http://www.nbcmiami.com/news/Woman-Who-Flipped-Judge-the-Bird-Back-in-Court-Wednesday-189997411.html
The contempt order still stands, however, so she remains in jail. Had she not escalated the situation after her her bail was doubled, she’d be home by now.
While I thought the initial doubling of the bond was improper, I thought the contempt order was proper (The wikipedia article on contempt of court makes it seem like a judge has very wide latitude for what they can find “in contempt”).
Judge Andrew Napalitano’s comments in this interview are interesting: http://foxnewsinsider.com/2013/02/06/judge-napolitano-criticizes-florida-judge-for-sentencing-teen-to-30-days-in-jail-for-mouthing-off/ I agree with what he says except the part at the end about having a contempt hearing in front of another judge.
Couldn’t just a modicum of arbitrary corporal punishment be legalized?
Of course limited solely to the discretion of a judge and limited simply to the aggressive application of an open-palmed strike to one cheek or the other, not to exceed a 10 mph movement? Especially when the need to wipe silly grins off of faces or to attempt to insert a certain amount of sense into individuals?
” I suppose this whole World Wide Web thing is a bit after your time…”
Hang in a minute I have to get my left eyebrow off the ceiling…
“was trying to be a little cute” (inappropriate in a court of law)
” genuinely cooperative and friendly” (she didn’t answer his questions)
“Here we have a girl who isn’t fully in control of her mind – this should have been postponed until she is in full control of her faculties. ” (she was in control of whether she took drugs or not before her arraignment)
“check his patriarchy at the door ” (. . .)
All in all, this type of thinking is where the sentencing discount for women comes from, the most blatant example I can think of off the top of my head is Debra LeFavre’s lawyer saying that his client was ‘too pretty to go to jail’. If women are equal they should get the same punishment that a man in the same situation would get. Being ‘cute’ has nothing to do with it.
She’s back with a new attitude . . . http://www.aol.com/video/florida-teen-set-free-after-flipping-off-judge/517669437/?icid=maing-grid7%7Cmyaol%7Cdl3%7Csec1_lnk1%26pLid%3D268827
Jack I have no idea why this posted here and not at the end of the comment line . . . feel free to move it where you see fit and delete this comment.
She was high when she appeared in court??? I’m shocked!
I think letting here out was the right thing to do, though the “cognitive problem” excuse drives me crazy. I’ll say she has a “cognitive problem”….