A District Court judge fed up with a criminal defendant's unwillingness to keep quiet in court last week ordered a bailiff to put duct tape on the man's mouth.

The American Civil Liberties Union of Nevada questioned the methods of Judge Nancy Saitta, saying that duct tape over someone's mouth could lead to breathing problems.

Other judges defended Saitta this week, saying her decision to tape Damon Alexander Jr.'s mouth was OK.

"You have to take control of the courtroom, and she did the right thing," District Judge Michael Cherry said.

Alexander is representing himself on charges of kidnapping, robbery, battery and grand larceny.

According to a videotape, Saitta told Alexander that his trial, which was scheduled for the day the incident occurred, had to be delayed.

Alexander wasn't pleased, saying repeatedly he wanted to invoke his constitutional right to a trial within 60 days.

Saitta at first appeared patient and even courteous to Alexander, saying the case would be rescheduled and that the delay was because of other cases having been scheduled in front of his.

"I really wish the system could work at the pace that all of us would like it to work," Saitta said. "It just doesn't work that way."

Alexander continued to talk, and a frustrated Saitta eventually told him to be quiet.

"If you keep talking, you are getting a bit of contempt time," Saitta said.

More words from the defendant could be heard on the tape, prompting Saitta to say: "Shut up! Shut up! If you speak again, you'll have tape placed across the mouth."

More words can then be heard from the defendant.

"You're going to ... your mouth is going to be taped shut," Saitta said. "I gave you fair warning."

A bailiff is shown on the videotape walking toward the defendant with a roll of duct tape in his hand. Alexander then can be heard saying words to the effect of "I'll be quiet, you don't have to."

Alexander's mouth was then taped, but he was out of view of the camera.

Allen Lichtenstein, general counsel for the ACLU of Nevada, said judges have to maintain control of their courtroom, but he questioned the need to use duct tape, which he said could feasibly cause someone to have breathing problems and put them at risk.

"Taping someone's mouth shut has the potential for being very dangerous," Lichtenstein said. "There are other, better methods of maintaining order in the courtroom."

Lichtenstein suggested that perhaps the defendant could have been removed from the courtroom, yet still could have participated in his proceedings via video teleconferencing from the Clark County Detention Center.

Chief District Judge Kathy Hardcastle said she has never ordered an unruly defendant to be taped but it happens in Southern Nevada courts.

"We've had it happen about four or five times in the last six months," she said.

Hardcastle said District Judges Stewart Bell and Jackie Glass have had to use duct tape for defendants who simply wouldn't keep quiet despite repeated orders.

In a criminal case, she said, the judge has to balance a defendant's rights to participate in the proceedings versus the ability to run one's courtroom while making sure everyone is as safe as possible.

"You want the defendant there as much as possible even if they are not cooperating because you are making a record of the fact they are being advised of their rights," Hardcastle said. "You also have to establish they are the ones being disruptive."

Saitta said Monday she couldn't comment on that specific case but said in general that maintaining order is of the utmost importance.

"It is inappropriate and unfair for one individual to be able to disrupt an entire courtroom," Saitta said.