By . Daily Mail Reporter . PUBLISHED: . 23:58 EST, 11 June 2013 . | . UPDATED: . 00:02 EST, 12 June 2013 . Being tapped on the butt by Chad Johnson is a sign of respect, the former NFL player's lawyer has claimed. In legal documents Adam Swickle asked the Broward County Circuit judge to reconsider her decision on Monday to jail Johnson for 30 days for disrespecting her court. The court had erupted into laughter when Johnson tapped his lawyer on the butt moments before the judge had been due to sign a plea agreement. Appeal: Adam Swickle, left, has pleaded with the judge to reconsider her jail sentence for Chad Johnson . 'This [laughter] is not Mr Johnson's fault and he should not be punished for the actions of third parties,' Mr Swickle has argued. Johnson, nicknamed 'Ochocinco' for his . old football jersey number, was sentenced to 30 days in jail for a domestic . violence probation violation by Judge Kathleen McHugh. He had previously reached a deal with . prosecutors for community service and counseling to resolve a probation . violation from his no-contest plea last year to battery on his . then-wife, TV star Evelyn Lozada. However, Judge McHugh decided to jail Johnson after accusing him of not taking proceedings seriously. When she asked the 35-year-old if he was . satisfied with his attorney, Johnson . reportedly smacked Mr Swickle's backside. No joke: Former NFL player Chad Johnson was sentenced to 30 days in jail when a judge refused to accept the plea deal after he slapped his lawyer's but in court. He last played an official game for the New England Patriots . 'I just saw you slap your attorney on the . backside. Is there something funny about this?' Judge McHugh said on Monday. 'The whole . courtroom was laughing. I'm not going to accept these plea negotiations. This isn't a joke.' Mr Swickle said the pat was Johnson's way of showing appreciation for his attorney's work on the case. 'Mr. Johnson has been a professional . football player in the National Football League for 11 years and patting . another individual on the backside is viewed as a sign of respect and . gratitude,' Mr Swickle said in the motion. 'It is clear that the court misinterpreted Mr Johnson's interaction with his attorney.' The butt pat came as Johnson believed . he would not have to go to jail, despite skipping meetings with his . probation officer for three months. Prosecutors said Johnson's sentencing will be left to Judge McHugh, who presides over domestic violence cases. Johnson had tried to apologize to the judge on Monday. 'This is your courtroom. I have no . intent to make this a joke. It's not funny,' he said. 'My life is in a . shambles right now.' Unamused: Broward Circuit Judge Kathleen McHugh didn't think it was funny when former NFL star Chad Johnson slapped his attorney's butt in court, so she sentenced him to 30 days in jail . Slapped: Chad Johnson, center, leaves Broward County Jail in Fort Lauderdale, Florida in August 2012. He will serve 30 days in jail after violating probation in a domestic violence case . While his future now seems a little . uncertain, in court Johnson had expressed hopes that he might sign with . another football team this year. When Johnson was arrested in August, the Miami Dolphins released him and he hasn't played in the NFL since. A court hearing has been set for Monday but until then, Johnson will remain in jail.
Footballer shouldn't be punished for courtroom laughter, attorney claims .
Johnson had been due to get plea deal when he slapped butt .
By . Daily Mail Reporter . PUBLISHED: . 23:58 EST, 11 June 2013 . | . UPDATED: . 00:02 EST, 12 June 2013 . Being tapped on the butt by Chad Johnson is a sign of respect, the former NFL player's lawyer has claimed. In legal documents Adam Swickle asked the Broward County Circuit judge to reconsider her decision on Monday to jail Johnson for 30 days for disrespecting her court. The court had erupted into laughter when Johnson tapped his lawyer on the butt moments before the judge had been due to sign a plea agreement. Appeal: Adam Swickle, left, has pleaded with the judge to reconsider her jail sentence for Chad Johnson . 'This [laughter] is not Mr Johnson's fault and he should not be punished for the actions of third parties,' Mr Swickle has argued. Johnson, nicknamed 'Ochocinco' for his . old football jersey number, was sentenced to 30 days in jail for a domestic . violence probation violation by Judge Kathleen McHugh. He had previously reached a deal with . prosecutors for community service and counseling to resolve a probation . violation from his no-contest plea last year to battery on his . then-wife, TV star Evelyn Lozada. However, Judge McHugh decided to jail Johnson after accusing him of not taking proceedings seriously. When she asked the 35-year-old if he was . satisfied with his attorney, Johnson . reportedly smacked Mr Swickle's backside. No joke: Former NFL player Chad Johnson was sentenced to 30 days in jail when a judge refused to accept the plea deal after he slapped his lawyer's but in court. He last played an official game for the New England Patriots . 'I just saw you slap your attorney on the . backside. Is there something funny about this?' Judge McHugh said on Monday. 'The whole . courtroom was laughing. I'm not going to accept these plea negotiations. This isn't a joke.' Mr Swickle said the pat was Johnson's way of showing appreciation for his attorney's work on the case. 'Mr. Johnson has been a professional . football player in the National Football League for 11 years and patting . another individual on the backside is viewed as a sign of respect and . gratitude,' Mr Swickle said in the motion. 'It is clear that the court misinterpreted Mr Johnson's interaction with his attorney.' The butt pat came as Johnson believed . he would not have to go to jail, despite skipping meetings with his . probation officer for three months. Prosecutors said Johnson's sentencing will be left to Judge McHugh, who presides over domestic violence cases. Johnson had tried to apologize to the judge on Monday. 'This is your courtroom. I have no . intent to make this a joke. It's not funny,' he said. 'My life is in a . shambles right now.' Unamused: Broward Circuit Judge Kathleen McHugh didn't think it was funny when former NFL star Chad Johnson slapped his attorney's butt in court, so she sentenced him to 30 days in jail . Slapped: Chad Johnson, center, leaves Broward County Jail in Fort Lauderdale, Florida in August 2012. He will serve 30 days in jail after violating probation in a domestic violence case . While his future now seems a little . uncertain, in court Johnson had expressed hopes that he might sign with . another football team this year. When Johnson was arrested in August, the Miami Dolphins released him and he hasn't played in the NFL since. A court hearing has been set for Monday but until then, Johnson will remain in jail.
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