People v. Minor

• Decision Date: 03 June 1996
• Docket Number: No. 1-94-0560,1-94-0560
• Citation: 281 Ill.App.3d 568,667 N.E.2d 538
• Parties: , 217 Ill.Dec. 449 The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Anthony MINOR, Contemner-Appellant.
• Court: United States Appellate Court of Illinois

Page 538

667 N.E.2d 538

281 Ill.App.3d 568, 217 Ill.Dec. 449

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Anthony MINOR, Contemner-Appellant.

No. 1-94-0560.

Appellate Court of Illinois,

First District, First Division.

June 3, 1996.

Rehearing Denied July 17, 1996.

Michael J. Pelletier, Deputy Defender, Office of the State Appellate Defender (Debra R. Salinger, Assistant Appellate Defender, of counsel), for appellant.

Jack O'Malley, State's Attorney, County of Cook (Renee Goldfarb, Susan R. Schierl and Christine L. Kornak, of counsel), for appellee.

Presiding Justice CAMPBELL delivered the opinion of the court.

Contemner, Anthony Minor, appeals from his summary conviction for direct criminal contempt of court based upon his filing of false documents with the court. He contends on appeal that the allegations in his pro se petition to withdraw his guilty plea were insufficient to support the contempt conviction. He contends further that the trial court erred in proceeding summarily.

FACTS

Contemner was charged with one count of residential burglary, a Class 1 felony punishable by not less than 4 years nor more than 15 years of imprisonment. 720 ILCS 5/19-3; 730 ILCS 5/5-8-1(a)(4) (West 1992). Following a negotiated guilty plea on November 10, 1993, he was convicted of burglary, a Class 2 felony punishable by not less than three years nor more than seven years of imprisonment, and he was sentenced to the minimum prison term of three years. 720 ILCS 5/19-1; 730 ILCS 5/5-8-1(a)(5) (West 1992). He subsequently sent various pro se documents, including a petition to withdraw his guilty plea, to the trial judge, to another judge, to his attorney, and to circuit court clerks, in which he made allegations about the trial judge.

In his pro se "Petition to Withdraw Guilty Plea and Vacate Sentence," which was file-stamped December 7, 1993, contemner stated, inter alia:

"3. Petitioner['s] Guilty Plea was made after the Judge: Mattew [sic ] J. Moran racially denied a consensus agreement that was made with the defendant, defendant's Attorney and the [S]tate's Attorney whom [sic ] agreed upon 9 months home detention to avoid overcrowding the prison system all because the victim, Mary J. McDonald whom I love dearly falsely claimed that her residents [sic ] was broken into * * *.

4. Petitioner's Guilty Plea was also made by the racism shown by the Judge when the State's Attorney offered the Defendant 9 month [sic ] home detention and the Judge refused to acknowledge the offer when accepted and the Judge changed it to 3 years.

5. Petitioner's Guilty Plea was made because there was [sic ] statements made that the Judge was going to persuade the Jury to convict the defendant so a Nine year sentence could be imposed upon the defendant for a prejudice perspective that the Judge insteals [sic ] within his courtroom."

In an undated, unstamped pro se document entitled "Amended Reasons For Withdraw [sic ] of Guilty Plea," contemner stated that Judge Moran had made a "false accusation" against him in declining to sentence him to substance abuse treatment; that "[t]he threat of [sic ] accept 3 years or take 9 years imprisonment for the case if the 3 was not accepted, and that the Judge would persuade the Jury as to why they should Find me guilty and that the Judge would be sure to expunge his statements from the Court records and transcripts"; that Judge Moran had violated his constitutional rights "which also grant [sic ] reason to show prejudice in the Courtroom"; that "Defendant['s] race, color & creed did matter because several white individuals appeared before the Judge Mattew [sic ] J. Moran with more than one prior conviction and similar charge and was [sic ] allowed to get I-Bonds. Defendant was denied I-Bond * * *."

The record also contains various other pro se documents. In a letter sent to his assistant public defender dated November 16, 1993, and file-stamped November 24, 1993, contemner stated that he was withdrawing his guilty plea because, inter alia:

"3. I Feared my life standing trail [sic ] before the Honorable Court of Judge Mattew [sic ] J. Moran do [sic ] to the threat imposed upon my [sic ] by the accusations * * * * * *

[217 Ill.Dec. 451] made about the Judge is going to give me more that [sic ] a reasonable amount of time for the crime.

6. I have reason to believe that the Judge was paid off to give me the 3 years by staff in the Court house."

In a pro se document dated November 29, 1993, but not file-stamped, which contains the trial court case number and the name of the trial judge, contemner purported to indict the burglary complainant "in the State of Shock, County of Chaos & Confusion and Supreme Court of Love & Heartbreak" based upon, inter alia, her failure to send him "enough love letters," and he threatened her with "a life time of misery" (in all capital letters) in the event that she were found guilty of any of the charges. The words "just us" (in all capital letters) and "Justice" were typed under his signature.

In a letter sent to the "Clerk of the Curcuit [sic ] Court and whom ever this might Concern" dated November 24, 1993, and file-stamped December 7, 1993, contemner stated that he had been forced to plead guilty, that he had placed himself on a hunger strike until he could return to court and plead his case, and that:

"I have reason to believe that Judge Mattew [sic ] J. Moran is in a racist group such as the Ku Klux Klan."

In an undated letter sent to the court clerk in which he requested the return of his personal property (including a religious book and two pagers), contemner stated:

"I'm also going to kill myself if they do not bring me back to Court on my withdrawal of my Guilty Plea because this case is false and Judge Mattew [sic ] J. Moran forced up [sic ] me a sentence that I did [not] want to take but I was told that if I did not accept the 3 years then I would get 9 years on trail [sic ]."

Finally, in a letter sent to Judge Loretta C. Douglas dated November 28, 1993, and file-stamped December 3, 1993, contemner stated:

"My reason for writting [sic ] is because I would like to know why come [sic ] when I requested a substitution of Judge from Judge Mattew [sic ] J. Moran to your court-room he became enraged and clearly stated to me that I will not be getting a substitution of Judge and that he better not here [sic ] that Slut's Douglas name again in his Court unless somebody wanted to really get sometime [sic ]."

Contemner stated further in the same letter:

"I refuse to stand trail [sic ] before Judge Mattew [sic ] J. Moran because I am afraid of him, and I fear my life before him because of his racist action's [sic ] and his discrimination toward you show's [sic ] that he has no respect for nobody [sic ]."

In the same letter, contemner threatened to commit suicide if he were not allowed to return to court to withdraw his guilty plea.

On December 16, 1993, Judge Moran denied the petition to vacate the guilty plea and summarily found contemner to be in direct criminal contempt of court. Judge Moran observed that the factual circumstances that were brought to his attention during the plea conference were similar to a stalking situation, and he also orally stated:

"You've also filed a motion to vacate the plea with the Court in which you stated that the Judge was paid off to give you a three year sentence by the staff of the Court house. That is totally false. The sentence that was imposed is the minimum sentence for burglary.

You also accused the Court of being a racist which is also totally false.

Your motion to vacate the plea is denied. You are found in direct contempt of the Court for filing false documents with the Court * * *."

Judge Moran's written order stated in part that contemner had "filed a written pro se motion to vacate the plea in which he alleged this Court was racist and was paid off to impose a three year sentence," and that contemner's conduct was "an attempt to lessen the dignity of the Court and tends to bring the administration of justice into disrepute." The order stated that the transcript of proceedings was "attached and made an integral part of this order."

Contemner was sentenced to six months in jail, to be served consecutively with the three-year prison term for burglary.

On appeal, contemner contends that the trial court erred in summarily convicting him of contempt of court. Focusing solely upon his petition to withdraw the guilty plea and his amended reasons for withdrawal of the guilty plea, contemner asserts that there was no basis for the finding of contempt because those particular documents neither accused the judge of having been paid off, nor used the precise word, "racist," nor accused him of associating with "any well-known hate groups." He also asserts that his statements were "factual" and "respectful" rather than contemptuous, and that "[t]he contents of the motion to vacate [his] plea failed to establish that the statements were made in anything but good faith." Before determining whether the conduct in this case was contemptuous, we must determine the category of contempt involved.

ANALYSIS

Courts are empowered to punish for contempt. 720 ILCS 5/1-3 (West 1992). The categories of contempt are indirect civil, direct civil, indirect criminal, and direct criminal. People v. Kaeding, 239 Ill.App.3d 851, 853, 180 Ill.Dec. 511, 607 N.E.2d 580 (1993). The applicable procedures vary depending upon the category of contempt. Kaeding, 239 Ill.App.3d at 853, 180 Ill.Dec. 511, 607 N.E.2d 580. If the purpose of a contempt sanction is prospective, to compel the contemner to perform an action, the nature of the contempt is civil. Kaeding, 239 Ill.App.3d at 853, 180 Ill.Dec. 511, 607 N.E.2d 580. If the purpose of a contempt sanction is retrospective, to punish past conduct, the nature of the contempt is criminal. Kaeding, 239 Ill.App.3d at 853, 180 Ill.Dec. 511, 607 N.E.2d 580.

Here, the purpose of the...