People v. Bell

• Decision Date: 18 December 1995
• Docket Number: No. 2-94-0517,2-94-0517
• Parties: , 213 Ill.Dec. 351 The PEOPLE of the State of Illinois, Respondent--Appellee, v. Jerry L. BELL, Contemnor--Appellant.
• Court: United States Appellate Court of Illinois

Page 1372

658 N.E.2d 1372

276 Ill.App.3d 939, 213 Ill.Dec. 351

The PEOPLE of the State of Illinois, Respondent--Appellee, v. Jerry L. BELL, Contemnor--Appellant.

No. 2-94-0517.

Appellate Court of Illinois Second District.

Dec. 18, 1995.

G. Joseph Weller, Deputy Defender, Kathleen J. Hamill, Office of State Appellate Defender, Elgin, for Jerry L. Bell.

David R. Akemann, Kane County State's Attorney, St. Charles, William L. Browers, Deputy Director, State's Attorney Appellate Prosecutor, Elgin, Lawrence M. Bauer, State's Attorney Appellate Prosecutor, Elgin, for People.

Justice COLWELL delivered the opinion of the court:

Contemnor, Jerry L. Bell, appeals the order of the circuit court of Kane County finding him in direct criminal contempt of court and sentencing him to six months in jail. The issues on appeal are: (1) whether the contempt order is insufficient when considered in conjunction with the report of proceedings; (2) whether there was sufficient evidence to support a finding of contempt; and (3) whether the sentence in the contempt order is too indefinite and ambiguous. We affirm and remand with directions.

Contemnor was charged with three counts of aggravated battery (720 ILCS 5/12-4(a) (West 1992)) on August 3, 1993. Contemnor filed a pro se motion for substitution of judges for cause on August 12, 1993. (725 ILCS 5/114-5(d) (West 1992).) In his motion, contemnor stated that he believed Judges Doyle, Puklin, Petersen, Dunn, and Hogan could not give him a fair trial. Contemnor asked in his motion that his case be removed from Judge Doyle's courtroom and that it be assigned to a judge other than those named in his motion.

Judge Doyle recused himself from contemnor's case on August 19, 1993. Contemnor's case was before Judge Puklin for reassignment on August 27, 1993. On that date, Judge Puklin assigned contemnor's case to Judge Dunn. Contemnor's attorney filed a motion for automatic substitution of judges (725 ILCS 5/114-5(a) (West 1992)) on September 2, 1993, asking that the case be assigned to a judge other than Judge Dunn. Contemnor's motion was allowed, and the case was returned to Judge Puklin (who had been named in the contemnor's August 12, 1993, pro se motion for substitution of judges for cause).

On January 5, 1994, the contemnor's attorney told Judge Puklin that he was going to file a motion for substitution of judge for cause. The contemnor's attorney filed a motion for substitution of judge on January 6, 1994, requesting that Judge Puklin be removed for cause. Judge Puklin sent the case to Judge Nottolini for assignment to a judge for a hearing on contemnor's motion for substitution of judge for cause.

Judge Hogan heard contemnor's motion for substitution of judge for cause on January 6, 1994. Judge Hogan denied the motion but granted the contemnor leave to amend the motion in order to specify the allegations regarding prejudice that Judge Puklin exhibited towards the contemnor. During a hearing on January 28, 1994, Judge Hogan asked contemnor's attorney if he was going to file an amended motion. Contemnor attempted to reply, and Judge Hogan stated, "Mr. Bell, I don't want to listen to you." When contemnor continued to talk, Judge Hogan stated:

"Mr. Bell, you open your mouth again, I'm going to hold you in contempt and you're going to be sentenced to at least three months in the county jail after all of your trials are over."

Contemnor's attorney filed an amended motion for substitution of judge for cause on February 4, 1994. The motion expanded upon contemnor's allegations that Judge Puklin was prejudiced and also alleged that Judge Hogan was prejudiced against contemnor. At a hearing before Judge Hogan on February 4, 1994, contemnor's attorney indicated to Judge Hogan that the amended motion also contained allegations that he (Judge Hogan) was prejudiced and biased against the contemnor and, therefore, requested that Judge Hogan not hear the motion and return the matter to Judge Nottolini for reassignment to a judge not named in the amended motion. Judge Hogan denied that request.

Judge Hogan held a hearing on contemnor's amended motion for substitution of judges for cause on February 24, 1994. The hearing began with the prosecutor stating his belief that, in view of the contemnor's allegation that Judge Hogan was prejudiced, the amended motion should be heard by a different judge. Judge Hogan responded:

"So what? What difference does that make? He can name everybody in the whole circuit. Are we going to transfer it to DuPage [sic ] or Cook or California or Hawaii?"

Judge Hogan stated that the only question before him was whether Judge Puklin was prejudiced and proceeded to conduct the hearing.

Before presenting the merits of the motion, contemnor's attorney informed the court that contemnor had told him that his services were unacceptable. Contemnor's attorney asked for leave to withdraw as counsel. When the court asked contemnor whether he had any objections to his attorney withdrawing, contemnor replied that he believed it was improper for Judge Hogan to conduct the hearing because he was named in the motion for substitution of judges for cause. Judge Hogan stated:

"Okay. It's on the record. Do you want Mr. Parkhurst or not?"

Contemnor replied:

"Your Honor, I am not participating on the question whether or not his motion is proper. I am not expressing any opinion one way or the other with regard to that."

Contemnor's attorney attempted to show the court a letter he had received from contemnor expressing contemnor's dissatisfaction with counsel's representation. Contemnor objected on the ground that revealing the letter violated the attorney-client privilege. Judge Hogan asked contemnor whether contemnor objected if his attorney's motion to withdraw was granted. Contemnor responded that Judge Hogan should not rule on counsel's motion because the motion for substitution of judges for cause, naming Judge Hogan, was still pending. Judge Hogan responded:

"Would you like me to assign it to Judge Re[h]nquist? He is the Chief Judge of the U.S. Supreme Court. Maybe he could do a better job."

Judge Hogan then asked contemnor if he wanted the public defender. Contemnor stated that Judge Hogan should not be ruling on any aspect of the case under the circumstances. Judge Hogan then said:

"You see, I don't know what you want to do. You don't want any judge so far to hear this case or even this motion. You don't want an attorney to represent you; but at the same time, you don't want to say Mr. Parkhurst is free to withdraw. You are saying you have got a Constitutional right to represent yourself; but at the same time, you are saying you want an attorney to represent you in this hearing. Now, I don't know what you want to do. So either you are going to tell me or I will make my own decision based on what I feel."

Contemnor replied that he wanted Judge Hogan to transfer the case to Judge Nottolini for him to make the decision on his amended motion for substitution of judges for cause. Judge Hogan asked contemnor, if that were denied, what did contemnor want him to do about his attorney. Contemnor told Judge Hogan to do what he wanted to do. Judge Hogan denied contemnor's attorney's motion to withdraw.

Judge Hogan proceeded to hold the hearing on contemnor's amended motion for substitution of judges for cause. The following exchange then occurred:

"MR. BELL: I am going to again object to these proceedings.

THE COURT: I don't care, Mr. Bell. You can either sit here and listen or you can go in the back. I don't care. I warned you once before.

MR. BELL: I am going to reserve my rights. You can warn me all you want to.

THE COURT: You are held in contempt. You are sentenced to three months in the county jail, and that three months will go into effect after--

MR. BELL: Make sure you get copies of the transcript. The next thing you can do is file a subpoena to stay these proceedings, and I want him off this case. You should have applied for a different profession.

THE COURT: Make it six months, Mr. Bell. Take him in the back.

MR. BELL: Make it a year.

THE COURT: I can't. Six months.

MR. BELL: Right.

THE COURT: Direct contempt."

The written order holding contemnor in contempt stated:

"Defendant held in direct criminal contempt of court for comments made to Judge Hogan in open court this date. Defendant sentenced to 6 months Kane County Jail to be served consecutive to any sentence on pending cases."

Contemnor filed a timely notice of appeal.

We note that Judge Hogan, on March 3, 1994, granted contemnor's amended motion for substitution of judges for cause and transferred the matter back to Judge Nottolini for reassignment to another judge.

Contemnor's first argument on appeal is that the contempt order was invalid because it does not set forth the grounds upon which the contempt is based. We agree with contemnor that the record must demonstrate the grounds upon which the contempt conviction was based. (People v. Rogers (1987), 160 Ill.App.3d 639, 641-42, 112 Ill.Dec. 543, 513 N.E.2d 1152.) We also agree that the written order in this case standing alone would not support a conviction of contempt. However, where a complete report of the proceedings giving rise to a contempt order is available, it is to be considered in determining the propriety of the order of contempt. (People v. Miller (1972), 51 Ill.2d 76, 78, 281 N.E.2d 292.) We conclude that, when the report of proceedings in the present case is considered with the contempt order, the facts supporting the finding of contempt are fully set forth in the record. Miller, 51 Ill.2d at 78, 281 N.E.2d 292.

Contemnor's second argument on appeal is that the evidence was insufficient to support a finding of contempt. Acts which constitute direct criminal contempt of court are those which are calculated to embarrass, hinder, or obstruct a court in its administration of justice or to derogate from its authority or...