A Michigan attorney learned the hard way that while many people might want to say what they really think of a judge, actually doing it is a fast track to regret.
Attorney Marshall Tauber was held in contempt for calling Oakland County Circuit Judge Yasmine I. Pole a “fucking cunt” during a live Zoom hearing. The outburst came moments after Judge Pole ruled against his client during a bond-related motion hearing in 2024. Believing the session had ended, Tauber, sitting in his car, muttered the slur, unaware the feed was still live with the court and jail both connected.
After reviewing the video, Judge Pole ordered Tauber to return for a separate contempt hearing. Following that hearing, she found him in direct criminal contempt under MCL 600.1711, which allows punishment for misconduct committed “in the immediate view and presence” of the court. She levied a $7,500 fine and called his language a “willful disregard to the court’s authority.” In her remarks, she noted the comment was gender-based and “undermined the integrity of the judicial process,” even recommending Tauber consider courses addressing diversity and civility.
On September 30, 2025, the Michigan Court of Appeals affirmed her ruling in an unpublished opinion titled In re Contempt of Marshall Tauber. The appellate panel made it clear that the shift to virtual proceedings does not create a “free zone” for misconduct, stating that contempt “committed within the immediate view and presence of the court” applies equally to Zoom hearings.
Tauber argued he was “technologically inept” and thought his screen had gone black, meaning he believed he was no longer in court. The appeals court rejected that claim, finding that his frustration and intent were irrelevant because contempt requires only a willful act that impairs the court’s authority or disrupts its proceedings.
The judges also dismissed Tauber’s due-process challenges, holding that his hearing met Michigan’s summary-contempt requirements and that the one-week delay between the incident and sanction did not violate procedure.
In its opinion, the court added:
“Demeaning or belittling the trial court, particularly in front of a client, erodes the public’s confidence in the judicial system.”
Tauber now says he plans to appeal to the Michigan Supreme Court, insisting he thought he was out of the courtroom when he made the remark.
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