Standing when a judge enters or exits the courtroom may seem like a small gesture, but in Maryland it carries meaning. If you’ve ever asked “what happens if you don’t stand up for a judge?”—especially here in Maryland—this post explains what could happen, how the courts treat that behavior, and what rules govern contempt in Maryland courts.
Why People Stand for a Judge
- Standing is part of courtroom decorum. It signals respect for the authority of the court and helps maintain order.
- It’s a symbolic acknowledgment of the judge’s role and the seriousness of legal proceedings.
- Judges rely on rules of decorum to preserve dignity and control over their courtrooms.
Though many view it as tradition, judges often expect compliance. Ignoring this convention may draw attention and could lead to further measures.
Is Refusing to Stand Just Etiquette—or Can It Be Punished?
Refusing to stand is not automatically criminal, but depending on the judge’s view, the context, and whether the act disrupts the proceeding, it can escalate into a contempt issue.
Possible outcomes include:
- Verbal warning or admonishment
The judge may simply ask you to stand or remind you of courtroom rules. - Contempt of court
If the refusal is seen as disrespectful or obstructive, a judge may hold someone in direct contempt. - Summary sanctions
Under Maryland Rule 15-203, direct contempt committed in the judge’s presence can be punished summarily (i.e. without a full hearing) if certain criteria are met.
The judge must personally perceive the conduct and have clear knowledge of who committed it. - Fines or short incarceration
In more serious cases, sanctions could include fines or brief jail time, especially if the conduct is judged disruptive or contemptuous of the court’s dignity.
So while many instances are handled with admonitions, refusal to stand has the potential to escalate—especially if repeated or blatant.
Direct vs. Constructive Contempt in Maryland
To understand how standing refusal might be treated, it helps to know the difference between direct contempt and constructive contempt under Maryland rules.
- Direct contempt (also called in-court contempt): Conduct occurs in the presence of the judge (or close by) and interrupts court proceedings. Maryland Rule 15-202 defines direct contempt as behavior “committed in the presence of the judge presiding in court or so near to the judge as to interrupt proceedings.”
- Constructive contempt (or indirect contempt): Conduct that occurs outside the courtroom, after the fact, or that does not immediately disrupt court operations.
Refusing to stand would typically be treated as direct contempt, because it occurs in the courtroom and is visible to the judge.
How Maryland Rules Govern Sanctioning Direct Contempt
Maryland has specific procedural rules that courts must follow when punishing direct contempt:
- Under Rule 15-203, a judge may impose sanctions summarily if:
- The judge personally saw or heard the act, and
- The act interrupted the court’s order or interfered with the court’s dignity.
- Even in summary proceedings, the judge must allow the alleged contemnor to present exculpatory or mitigating information (i.e. a chance to explain).
- The court must issue a written order afterward, stating the findings, whether the contempt is civil or criminal, the sanction, and, if civil, how the contempt might be purged.
These rules aim to balance the court’s authority with fairness to the person accused of contempt.
What to Expect in Maryland Courtrooms
Here’s how refusal to stand might actually be handled in a Maryland courtroom:
- In many cases, a judge will give a warning or ask you to stand.
- If the judge views your refusal as intentional and disrespectful, a contempt ruling may follow.
- Under summary contempt rules, sanctions could be imposed immediately (though sometimes deferred until after the immediate proceeding).
- Sanctions (fines or short-term detention) are most likely in cases of repeated or intentional disrespect, not in first-time or minor incidents.
- If you have a legitimate reason (disability, injury), you can explain that to the court and request accommodation.
Defenses, Exceptions & Limits
There are situations where refusing to stand may be justified or excused:
- Physical inability or disability: If you can’t stand due to a medical condition, informing the court ahead of time may avoid conflict.
- Sincerely held religious beliefs: Occasionally used as a defense, though courts have discretion on whether to accept it.
- Due process limits: Even in direct contempt, the person must be allowed to explain their behavior.
Courts generally have broad discretion, but they must abide by the procedural safeguards in the rules.
Tips to Avoid Trouble in Maryland Courts
- Stand when the judge enters or exits, unless you truly cannot.
- Address the judge as “Your Honor” (standard in Maryland).
- Be attentive and respectful during proceedings—no interruptions, no disrespectful gestures.
- If you have a condition preventing you from standing, notify court staff or your attorney ahead of time.
- If you’re threatened with contempt or admonishment, politely comply or explain your situation; don’t argue.
Final Word
In Maryland, refusing to stand for a judge is not automatically a crime, but it is risky. The act may draw warnings or escalate to direct contempt under Maryland Rule 15-203, potentially resulting in fines or brief jail time. Judges usually prefer to maintain respect and order without harsh sanctions, but you don’t want to test that boundary. If standing is genuinely not possible for you, let the court know in advance.
