PART IV: Tactics Outside of the Courtroom

This Section describes tactics that commonly occur outside of the courtroom but are either directed at members of the court or involve using the court and its process. There are several key considerations in responding to these tactics. First, while the individuals are generally not involved in an in-court proceeding when these tactics are used, courts must be aware that their responses still represent state action and thus are constrained by constitutional and civil rights considerations. Second, the courts must be aware of the danger of escalation. Where these tactics often harass and annoy, they are slowly being legislated against in the states. The important point is that, rather than making such harassment "personal," and escalating the situation, court personnel should be encouraged to pass information and evidence on to the proper investigative authorities. Such authorities are the proper party to handle dangerous or harassing tactics, and their involvement is likely to alleviate the possibility of physical harm, violence and the like.