People ex rel. Przyblinski v. Scott
| Decision Date | 14 October 1958 |
| Docket Number | Gen. No. 47570 |
| Citation | 23 Ill.App.2d 167,161 N.E.2d 705 |
| Parties | PEOPLE of the State of Illinois ex rel. C. Jack PRZYBLINSKI, Appellee, v. George L. SCOTT, Norma Johnson, Willie Wheat and Willie Lee Winters, Appellants. |
| Court | United States Appellate Court of Illinois |
James P. Piragine, Chicago, for appellant.
Theodore J. Isaacs and Jerome F. Dixon, Chicago, for appellee.
A petition was filed in the County Court of Cook County by the Chief Clerk of the Board of Election Commissioners of the City of Chicago to adjudge respondents in contempt of court for various alleged acts of misbehavior during a special congressional election held on December 31, 1957. The respondents served as judges of election on that day in the 44th Precinct of the 1st Ward. The court found each of them guilty of contempt pursuant to the provisions of Sec. 29-5 of the Election Code (Ch. 46, Sec. 29-5, Ill.Rev.Stat., 1957) and sentenced George L. Scott to serve one year in the County Jail and to pay a fine of $1,000, Norman Johnson, Willie Wheat and Willie Lee Winters each to serve three months in the County Jail and to pay a fine of $500 and Mary Evans to serve one day in the County Jail, considered to have been served. The respondents, except Mary Evans, appeal from the judgment.
Respondents maintain that the trial judge erred in denying their motion to disqualify himself. Petitioner states that in a series of cases beginning with People ex rel. Rusch v. Williams, 292 Ill.App. 228, 11 N.E.2d 37, it has been settled that a person charged with contempt growing out of misconduct as an election official is not entitled to a change of venue, the sole exception to the rule being where the trial judge was a candidate at the election in which the misconduct is charged. People ex rel. Rusch v. Cunningham, 308 Ill.App. 63, 31 N.E.2d 369. Respondents concede that the statutory provisions pertaining to a change of venue are not available in contempt proceedings brought to punish violations of the Election Code. Petitioner insists that the exception recognized in the Cunningham case, requiring the judge to disqualify himself, should not be extended.
The respondents first appeared before the trial court on January 18, 1958. At that time no evidence had been taken and no hearing had been held. At this appearance the trial judge stated to the respondents, in substance: The trial judge addressing respondents, further stated: 'You have committed a serious offense.' The respondents promptly filed a petition for a change of venue reciting these statements by the trial judge. When the matter came on for argument the attorney for the respondents moved that the trial judge disqualify himself and that the case be assigned to another judge. The judge denied the motion that he disqualify himself and allow the case to be tried before another judge, saying:
In People ex rel. Rusch v. Kotwas, 275 Ill.App. 406, the court said: ...
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People v. Hope
...of judge was erroneously denied and that the ensuing hearing did not comport with due process of law. (People ex rel. Przyblinski v. Scott (1959), 23 Ill.App.2d 167, 170, 161 N.E.2d 705 aff'd (1960), 19 Ill.2d 500, 167 N.E.2d 194; United States v. Sciuto (7th Cir.1976), 531 F.2d 842, 845.) ......
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People v. Pettit
...his well established right to a trier of fact free from prejudice or preconceived notions of guilt. (People ex rel. Przyblinski v. Scott (1959), 23 Ill.App.2d 167, 161 N.E.2d 705.) Defendant asserts the error may not be considered to be waived by counsel's failure to file a motion for subst......
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People v. Diaz
...and impartial trial. It is insignificant that the judge was apparently willing to reserve his ruling. Compare People ex rel. Przyblinski v. Scott, 23 Ill.App.2d 167, 161 N.E.2d 705. Therefore, the judgments are reversed and the causes are remanded for a new Reversed and remanded. SCHWARTZ a......
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Marriage of Santa Cruz, In re
...is readily distinguished from the cases cited by intervenor in support of her position for reversal. In People ex rel. Przyblinski v. Scott (1959), 23 Ill.App.2d 167, 161 N.E.2d 705, aff'd (1960), 19 Ill.2d 500, 167 N.E.2d 194, at their first appearance before the judge and before he had he......