# Is whispering allowed in a courtroom? **URL:** \ **Category:** Factual Questions\ **Created:** [October 29, 2011, 2:29am UTC](https://boards.straightdope.com/t/is-whispering-allowed-in-a-courtroom/601146 "2011-10-29T02:29:43Z")\ **Posts on this page:** 9\ **Page:** 1
**Author:** ![ineedhelp](https://avatars.discourse-cdn.com/v4/letter/i/eada6e/32.png) [@ineedhelp](https://boards.straightdope.com/u/ineedhelp)\ **Post date:** [October 29, 2011, 2:29am UTC](https://boards.straightdope.com/t/is-whispering-allowed-in-a-courtroom/601146/1 "2011-10-29T02:29:43Z")
In this case, a victim whispering a question to the ADA who prosecuted the defendant on the victim’s behalf. The victim was not that loud but the voicebox might have vibrated initially. The ADA was not at the prosecutor’s table but on his way out of the courtroom, but recess was not declared. The ADA put a finger over his lips to signal be softer at which point the victim dropped to a voiceless whisper. When asked whether the victim can leave, the ADA said yes, and the victim left. If the judge heard this, could he issue a bench warrant for contempt of court to the victim who had whispered/initially spoke softly but not inaudibly? Or would he have called the victim out on the spot like the Casey Anthony judge did a few times? ---
**Author:** ![The\_Second\_Stone](https://avatars.discourse-cdn.com/v4/letter/t/bbe5ce/32.png) [@The\_Second\_Stone](https://boards.straightdope.com/u/The_Second_Stone)\ **Post date:** [October 29, 2011, 3:44am UTC](https://boards.straightdope.com/t/is-whispering-allowed-in-a-courtroom/601146/2 "2011-10-29T03:44:57Z")
The proceedings in court happen in a orderly process, namely that the judge says who gets to talk and from where. If a lawyer is questioning a witness, the witness must wait for the question and the lawyer asks it, and the witness responds. The opposing lawyer may issue an objection before the response or a motion to strike after the response. The judge may talk at any time. Anyone interrupting this process is likely to be admonished (that is, chastised) by the judge the first time it happens, and if it happens again, then there is likely to be more admonishment, and perhaps a contempt threat or citation. Do people whisper in courtrooms? Yes. But it is chargeable as contempt if it is in any way disruptive. I have heard of judges who admonish their own court reporters for asking for a repeat or slowing down. But most judges are very practical and just want to move the day along. Informality while court is in session takes a huge amount of time away from the business, and the court has at least four paid state employees there: judge, clerk, bailiff, reporter. It’s expensive. ---
**Author:** ![Kevbo](https://avatars.discourse-cdn.com/v4/letter/k/e47774/32.png) [@Kevbo](https://boards.straightdope.com/u/Kevbo)\ **Post date:** [October 29, 2011, 5:26pm UTC](https://boards.straightdope.com/t/is-whispering-allowed-in-a-courtroom/601146/3 "2011-10-29T17:26:18Z")
In my very limited (fortunately) experiences, which have been limited to traffic court and metro court, the magistrates tolerate some whispering in the courtroom provided it is not disruptive to the current business. They seem quite tolerant of attorneys discussing issues with cases to be considered on the same docket…such tolerance allows, for example, plea deals to be ready to present to the magistrate when the case is called and ends up saving the court time. ---
**Author:** ![Campion](https://avatars.discourse-cdn.com/v4/letter/c/4491bb/32.png) [@Campion](https://boards.straightdope.com/u/Campion)\ **Post date:** [October 29, 2011, 8:40pm UTC](https://boards.straightdope.com/t/is-whispering-allowed-in-a-courtroom/601146/4 "2011-10-29T20:40:34Z")
Generally speaking, whispering is not allowed, because it can be disruptive to proceedings. Disruptive not just because of noise, but also because the people involved in the whispering (and sometimes the ones around them) aren’t paying attention to the proceedings, so could miss their case being called or some important information. But a judge would be completely out of line for issuing a contempt of court charge based on the scenario you noted. Also, judges tend to be much easier on “civilians” (particularly victims) than on “insiders.” I will say that the ADA was at fault for not shepherding the witness through the hearing, in my opinion, which is worth what you paid for it. ---
**Author:** ![Absolute](https://avatars.discourse-cdn.com/v4/letter/a/b2d939/32.png) [@Absolute](https://boards.straightdope.com/u/Absolute)\ **Post date:** [October 29, 2011, 9:20pm UTC](https://boards.straightdope.com/t/is-whispering-allowed-in-a-courtroom/601146/5 "2011-10-29T21:20:15Z")
Are you the legal version of **akimbo gait** or something? If you’ve already left the courtroom, the judge isn’t going to issue a bench warrant hours later just because you _whispered_. ---
**Author:** ![Trinopus](https://avatars.discourse-cdn.com/v4/letter/t/2bfe46/32.png) [@Trinopus](https://boards.straightdope.com/u/Trinopus)\ **Post date:** [October 30, 2011, 6:03am UTC](https://boards.straightdope.com/t/is-whispering-allowed-in-a-courtroom/601146/6 "2011-10-30T06:03:49Z")
I was at a trial (thank God just a law school “moot court”) where one of the jurors broke up in loud, helpless, guffawing laughter… Does that ever happen in real trials? Trinopus ---
**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\ **Post date:** [October 31, 2011, 4:21pm UTC](https://boards.straightdope.com/t/is-whispering-allowed-in-a-courtroom/601146/7 "2011-10-31T16:21:56Z")
> [@Trinopus](#): > > I was at a trial (thank God just a law school “moot court”) where one of the jurors broke up in loud, helpless, guffawing laughter… > > Does that ever happen in real trials? > > Trinopus There was a court case where the Monty Python troupe sued one of the US networks. The network had blithely assured them they would not cut or censor their (risque) skits, then happily went ahead and did so anyway. During the hearings, apparently they played several of the skits (including fruity judges skit - “I waggled my wig at him!” “No, you didn’t?!”) and one of the Pythons mentioned that at times the court reporter was laughing so hard he had trouble doing his job. ---
**Author:** ![Elendil\_s\_Heir](https://avatars.discourse-cdn.com/v4/letter/e/7cd45c/32.png) [@Elendil\_s\_Heir](https://boards.straightdope.com/u/Elendil_s_Heir)\ **Post date:** [October 31, 2011, 7:02pm UTC](https://boards.straightdope.com/t/is-whispering-allowed-in-a-courtroom/601146/8 "2011-10-31T19:02:44Z")
I’m a muni court magistrate. I’ve never heard of anyone being held in contempt just for whispering. I permit whispering if it doesn’t disrupt the proceedings. Once in awhile too many people waiting in the courtroom for their cases to be called will be whispering at the same time and it can be hard for me to conduct court, so I’ll call for silence then. Usually not, though. ---
**Author:** ![Clothahump](https://avatars.discourse-cdn.com/v4/letter/c/51bf81/32.png) [@Clothahump](https://boards.straightdope.com/u/Clothahump)\ **Post date:** [October 31, 2011, 7:22pm UTC](https://boards.straightdope.com/t/is-whispering-allowed-in-a-courtroom/601146/9 "2011-10-31T19:22:17Z")
I was just in court last week for a civil action. We had the floor, so to speak, for Monday and Tuesday, but the jury was still out on Wednesday, so the judge started another case. While they had the floor, we were in the back of the room and were whispering to one another about our case. When we had the floor, vice versa. As long as we didn’t disturb the currently active case, we didn’t have a problem. And I don’t think we could have disturbed them, as it was a fiery one; the judge had to put the boot in on the attorneys big time.