When Defendants Refuse to Stand in Court

[WSJ Law Blog]

A federal appeals court has tossed a raft of criminal contempt citations against a Muslim woman who, citing her religion, bucked a judge’s order to stand in court.



Hawo Mohamed Hassan, left, and Amina Farah Ali, both of Rochester, Minn., leave the U.S. District Court after appearing at a hearing in St. Paul, Minn. A jury convicted two Minnesota women Thursday, Oct. 20, 2011.

Chief U.S. District Judge Michael Davis had ordered Amina Farah Ali “to follow the Rules of Decorum set forth by the Court” during her criminal trial last year on charges she provided material group to al-Shabaab, a group designated by the U.S. as foreign terrorist organization.

Ms. Ali, who was ultimately convicted, refused to stand on 20 separate occasions during the October 2011 trial because “she should not rise for persons when she does not rise for the prophet,” her attorney had argued.

More...

[Lexus]

The judge at the arraignment hearing will ask the defendant whether he or she has an attorney. Getting legal advice is a right guaranteed by the U.S. Constitution. If the defendant is unable to afford to hire an attorney directly, the court will appoint a legal practitioner to represent him or her in the proceedings. The court-appointed attorney has a duty to vigorously defend his or her client against the criminal charges.