People v. Watts

• Decision Date: 13 December 1978
• Docket Number: No. 77-527,77-527
• Citation: 23 Ill.Dec. 659,66 Ill.App.3d 971,384 N.E.2d 453
• Parties: , 23 Ill.Dec. 659 PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Sue WATTS, Respondent-Appellant. In the Matter of Sue WATTS, Respondent-Appellant.
• Court: United States Appellate Court of Illinois

Page 453

384 N.E.2d 453

66 Ill.App.3d 971, 23 Ill.Dec. 659

PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Sue WATTS, Respondent-Appellant In the Matter of Sue WATTS, Respondent-Appellant.

No. 77-527.

Appellate Court of Illinois, Second District.

Dec. 13, 1978.

Jenner & Block, Laura A. Kaster, Chicago, for respondent-appellant.

William Sisler, State's Atty., Freeport, Phyllis J. Perko, State's Attorneys Appellate Service Comm., Elgin, for plaintiff-appellee.

GUILD, Justice:

Defendant appeals from an order finding her in direct contempt of court and sentencing her to 3 days in the Stephenson County jail, which she served.

On August 15, 1977 defendant appeared in the spectator section of Courtroom No. 2 in Stephenson County, Illinois wearing a T-shirt on which were printed the words "Bitch, Bitch" in letters at least 5 inches high. ¹ The trial court ordered defendant to the bar where the following proceedings took place:

"THE COURT: . . . Let the record further show that at the time the Judge was on the bench, Sue Watts, aged nineteen years of age, appeared in this courtroom wearing an obscene T-shirt with a vulgarity printed thereon. She appeared in this Court and impenged (sic) the dignity of the Court.

Miss Watts, this is a Court of Law. We conduct these things with dignity. I wear a robe. That is the dignity of the Court. When you come in here with a T-shirt on that says, 'Bitch, Bitch' on it, then that impenges (sic) the dignity of the Court.

MISS WATTS: (Inaudible response.)

THE COURT: Now, Miss Watts, where did you get that coat?

MISS WATTS: (Inaudible response.)

THE COURT: What made you think you could come in here wearing that?

MISS WATTS: I completely forgot about it.

THE COURT: You're not very lady-like wearing that on the street, I don't think. As I say, it is a vulgarity. It borders on obscenity, and it impenges (sic) on the dignity of the Court when you come in here. I'm holding you in contempt of Court, and you are sentenced to three days in the County Jail . . . ."

Defendant raises five issues on appeal. In view of our opinion herein we will consider only the first three of these issues: (1) that summary contempt sanctions cannot be imposed where there is no actual disruption of the court; (2) that criminal sanctions are impermissible where there is no warning that specific conduct may result in criminal penalties; (3) that there is no evidence that defendant intended to violate a rule of court or to act contumaciously; (4) that defendant's First Amendment right to freedom of speech was violated by this finding of contempt; and (5) that she was denied her Fourteenth Amendment right to procedural due process, particularly her right to allocution.

We consider defendant's first three contentions together as disruption, warning and intent are all intertwined with the basic nature of a charge of contempt. Although summary criminal contempt is a crime in the ordinary sense, being a violation of the law punishable by fine or imprisonment or both (See, Bloom v. Illinois (1968), 391 U.S. 194, 88 S.Ct. 1477, 20 L.Ed.2d 522), it is unique in that it allows the trial court to partially define the crime itself as well as to judge innocence or guilt.

Although some case law has evolved with regard to the contempt power and appropriate courtroom attire (see, Annot. 73 A.L.R.3d 353 (1976),) there have been very few decisions concerning the attire of courtroom spectators, as opposed to attorneys or parties. Because of this it is understandably difficult for even a learned trial court judge to know the limits of his own contempt power.

Criminal contempt of court is generally defined as conduct which is calculated to embarrass, hinder or obstruct a court in its administration of justice or derogate from its authority or dignity, thereby bringing the administration of law into disrepute. In a direct contempt proceeding, that is for contempt committed in the presence of the judge in court, which he observes and has personal knowledge of, no formal charge is filed and no plea, issue or trial is required. (People v. Loughran (1954), 2 Ill.2d 258, 118 N.E.2d 310.) Nor is it necessary that the conduct committed constitute any criminal offense set forth in the Illinois Revised Statutes in order to be contempt.

Nevertheless, contempt requires some form of constructive or actual knowledge of what conduct is forbidden in order that people can avoid such conduct. (See, People v. Rice (1968), 96 Ill.App.2d 253, 238 N.E.2d 266.) Thus, intent, or at least knowledge of the nature of one's act, is a necessary element of criminal contempt. This intent can be inferred from particular acts in particular cases; it does not always have to be affirmatively proven. (People ex rel. Kunce v. Hogan (1977), 67 Ill.2d 55, 7 Ill.Dec. 63, 364 N.E.2d 50, cert. denied, 434 U.S. 1023, 98 S.Ct. 750, 54 L.Ed.2d 771.) However, whether proven or reasonably inferred, it still must be present.

At issue in the instant case is whether the evidence of record could create a reasonable inference that defendant intended to act contumaciously. Such an inference from the meager facts before us would, in our opinion, be questionable. Hence, we reverse.

There are three types of behavior on the part of courtroom spectators from which the required knowledge or intent might be inferred. First, it could be inferred from some obviously contemptuous statement directed at the court or at the judicial process. In such a case contempt would be obvious from the statement itself. Second, contempt can be inferred from some action, such as appearing naked in court, which does or is likely to create a disturbance. (People v. Collins (1978), 57 Ill.App.3d 934, 15 Ill.Dec. 404, 373 N.E.2d 750.) Both of these instances recognize a common sense standard. The contemnor is held to have notice as to what is considered contemptuous by the community or will be likely to create a disturbance in the courtroom. Third, the trial court has the option of directly notifying those in the courtroom that certain behavior will not be permitted. If someone persists in behavior clearly prohibited by the trial court, he may appropriately be held to be in contempt.

Defendant's behavior in the instant case does not fit into any of these categories. The record is not clear that she had notice that the judge would view her behavior as contemptuous. She made no clearly contemptuous statement to the court, nor did she violate any order of the court. She was held in contempt merely for wearing the shirt in question. The only remaining...