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In California, can a member of the public be removed from a courtroom for wearing gang related clothing?

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The prior answer is incorrect to the extent it is implying a judge can LEGALLY remove someone for any reason, but wearing gang-related clothing is obviously a permissible reason to remove someone.

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It's code sections and it expands from the Civil Code to the Government Code to the Rules of Court down to the local rules of each county court. A judge has the absolute right to run his courtroom as he sees fit. On top of that, the local rules in every county specifically state something like this:

No person will wear gang clothing or possess gang-related personal property while on the premises of any courthouse. This will include gang insignias, monikers, color patterns, bandannas, hats, jewelry, clothing, belts, or any other clothing or personal property with any gang significance. Any person identified by courthouse security personnel or law enforcement as wearing or possessing any item of property in violation of this rule will be asked to remove the property or themselves from the courthouse. Any such property is also subject to confiscation as contraband.Violation of this order is punishable as contempt pursuant to Penal Code section 166 (maximum penalty of six months in county jail, a $500 fine, or both). Any person who resists any courthouse security or law enforcement request to comply with this rule can be punished pursuant to Penal Code section 148 (maximum penalty of one year in county jail, $1,000 fine, or both).

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"It's code sections and it expands from the Civil Code to the Government Code to the Rules of Court down to the local rules of each county court. A judge has the absolute right to run his courtroom as he sees fit."

I'm not sure what "it" is in these sentences. There's certainly nothing in the Civil Code that says "[a] judge has the absolute right to run his courtroom as he sees fit" (the Civil Code has nothing to do with courtroom procedure), and I defy anyone to cite any local rule in any county that says any such thing. There's obviously no disagreement about excluding persons wearing gang-related clothing/insignias, but excluding persons from public court proceedings implicates constitutional rights. CAN a judge do whatever he wants. Pretty much, but that doesn't make it legal. If a judge wants to conduct proceedings in the nude while shooting off pistols, he/she will be off the bench pretty darned quick.

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Just because you don't know that there are such code sections does not mean they don't exist. CCP 575.1. (a) The presiding judge of each superior court may prepare, with the assistance of appropriate committees of the court, proposed local rules designed to expedite and facilitate the business of the court...Government Code 68070. (a) Every court may make rules for its own government and the government of its officers not inconsistent with law or with the rules adopted and prescribed by the Judicial Council. The portion of the local rule quoted above is verbatim what is currently found in the local rules of no less than 15 counties in CA.

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You are missing PG's point. Judges cannot do just ANYTHING in their courtrooms—some things a judge cannot legally do. For example, a judge could not legally remove a spectator from the courtroom simply for wearing a button on his jacket that said "Obama '08" or "McCain for President" because that would violate the first amendment. Nor could the judge remove someone simply because he is black or latino because that would violate federal civil rights acts. While judges and the courts have a great deal of latitude in running their courtrooms, they cannot legally do things that would violate state or federal law. No one disagrees here that judges can remove persons wearing gang apparel, certainly they can.

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"Just because you don't know that there are such code sections does not mean they don't exist."

No ####. But you still haven't cited any authority to support your assertions that "a member of the public can be removed for any reason the judge wants" and "A judge has the absolute right to run his courtroom as he sees fit."

"CCP 575.1. (a) The presiding judge of each superior court may prepare, with the assistance of appropriate committees of the court, proposed local rules designed to expedite and facilitate the business of the court."

That "THE PRESIDING JUDGE" can prepare local rules certainly does not support your assertions.

"Government Code 68070. (a) Every court may make rules for its own government and the government of its officers not inconsistent with law or with the rules adopted and prescribed by the Judicial Council."

Again, this provides no support at all for your assertions. The word "court" is not synonymous with "judge And, by the way, the CIVIL CODE (which you referred to previously) and the CCP are two different things.

"The portion of the local rule quoted above is verbatim what is currently found in the local rules of no less than 15 counties in CA."

Uh huh...and that rule relates solely to gang related attire, which is a subject about which there is no dispute.

Now stop being an obstreperous buffoon and go away.

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Buffoon? Look in the mirror. Did you LOOK at what the original question was? It said" In California, can a member of the public be removed from a courtroom for wearing gang related clothing." The answer is yes and the post quoting the commonly worded local rule specifically answered that question. Somebody needs a time out.

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"Did you LOOK at what the original question was?"

Yes.

"It said' In California, can a member of the public be removed from a courtroom for wearing gang related clothing.'"

I know what it said.

"The answer is yes"

I agree and always have been clear about that. However, the first answer given (not sure if it was you or someone else since 95% of the posts on these boards are under "Guest") went too far by saying that a judge can have someone removed for any reason he/she wants, and that just is not true, and that's what this thread has been about ever since.

"and the post quoting the commonly worded local rule specifically answered that question."

No, the local rule supported the answer to the question (there's a difference). In any case, the local rule was not cited as support for the answer to the original post (something about which there never has been any dispute). Rather, the local rule was cited after I pointed out that the first answer went too far (as noted above). For the last time: NONE of the authorities cited in this thread support the assertion that a judge can do whatever he/she wants in his/her courtroom. It's a silly assertion that cannot possibly be supported.

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