May a Judge Removed a Disruptive Defendant from the Courtroom ?
In Illinois v. Allen, 397 U.S. 337, 25 L. Ed. 2d 353, 90 S. Ct. 1057 (1970), the Supreme Court held that "a defendant can lose his right to be present at trial if, after he has been warned by the judge that he will be removed if he continues his disruptive behavior, he nevertheless insists on conducting himself in a manner so disorderly, disruptive, and disrespectful of the court that his trial cannot be carried on with him in the courtroom. Id. at 343.
A defendant can reclaim his right to be present as soon as he is "willing to conduct himself consistently with the decorum and respect inherent in the concept of courts and judicial proceedings." Id.