People v. Wilson
| Decision Date | 18 December 1975 |
| Docket Number | No. 61359,61359 |
| Citation | 35 Ill.App.3d 86,341 N.E.2d 34 |
| Parties | PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Laura WILSON, Defendant-Appellant. |
| Court | United States Appellate Court of Illinois |
James Streicker, Acting Deputy State Appellate Defender, Brenda E. Richey Asst. State Appellate Defender, Chicago, for defendant-appellant.
Bernard Carey, State's Atty. of Cook County, Laurence J. Bolon and Michael E. Shabat, Asst. State's Attys., Chicago, for plaintiff-appellee.
Defendant, Laura Wilson, was convicted of direct criminal contempt of court by the circuit court of Cook County, and sentenced to forty days imprisonment. She appeals, raising the issue of whether the evidence showed that she was guilty of criminal contempt of court.
We affirm.
The record of proceedings shows that defendant was a spectator in one of the more congested branch courtrooms of the circuit court of Cook County when she became involved in verbal altercations with three court bailiffs who requested that she remain quiet during the court proceedings. The affair culminated when the courtroom captain (bailiff-in-charge) told the defendant to be quiet, and the defendant loudly responded saying 'Fuck you, you mother fucker'. The judge heard those words. The assistant state's attorney then filed the following petition:
'Now comes BERNARD CAREY, State's Attorney of Cook County on a Motion of this Honorable Court to move said Court to hold Laura Wilson, respondent, in direct contempt and in support thereof alleges the following:
1. Respondent appeared in the Courtroom of the Honorable David Cerda on November 13, 1974 as a spectator.
2. That while in the Courtroom the Respondent became abusive in that she used loud language, loud enough to disturb the proper function of said Court.
3. The Court directed the Bailiffs to maintain the said dignity of said Court.
4. While instructing the Respondent to remain quiet, said Laura Wilson used the following language; 'Fuck you, you mother fucker', again causing the Court to stop its normal procedure.
WHEREFORE, your petitioner prays that said Respondent be found in direct contempt of this Honorable Court and prays for sentence instanter.'
A hearing was held in the matter. The bailiffs testified as to the incident, as did defendant. Defendant's testimony was that the courtroom captain called her a bitch. The prior testimony of the courtroom captain was that he may have called her a name in the heat of argument, but could not remember what he called her. At the end of the hearing, the trial court found defendant guilty of contempt of court, stating: 'The defendant was loud and noisy and interrupted the court proceedings, and she did say to (the deputy), 'Fuck You'.'
The court then added:
'With so many female defendants picked up for loitering-prostitution or for prostitution, a very difficult task falls on the deputy sheriffs to maintain quiet in the courtroom, so that an orderly proceeding of cases continue to flow.
I think we have to set an example with this defendant so that the other girls in the future will be quiet and not interrupt court proceedings, and not use street language here in the courtroom.'
Defendant was sentenced to forty days imprisonment.
We begin by noting that the trial court did not enter a written order setting forth fully and clearly the facts out of which the contempt arose. However, where there is a complete report of proceedings which includes an oral statement of the facts by the court, as in the instant case, the report of proceedings as well as the order of the trial court will be considered on review to determine the propriety of the order of contempt. People v. Harper (1975) 28 Ill.App.3d 820, 329 N.E.2d 496.
Criminal contempt of court is generally defined as conduct which is calculated to...
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People v. Bell
...towards the court, which was calculated to undermine the court's dignity and bring the court into disrepute. (See People v. Wilson (1975), 35 Ill.App.3d 86, 88, 341 N.E.2d 34.) A trial judge has the power and authority to find an individual in criminal contempt for conduct committed in the ......
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People v. Ziporyn, 82-2770
...which does not cause an imminent threat to the administration of justice does not usually constitute contempt. People v. Wilson (1975), 35 Ill.App.3d 86, 88, 341 N.E.2d 34, 36. Here, the offensive remark was made not to the trial judge but to the Assistant State's Attorney. This distinction......
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People v. Kelleher
...or boisterous manner, we held that it could not be the basis for a direct criminal contempt conviction. (See also People v. Wilson (1975), 35 Ill.App.3d 86, 341 N.E.2d 34; People v. Pearson (1968), 98 Ill.App.2d 203, 240 N.E.2d 337.) In the above cases the alleged contemnor merely criticize......
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People v. Pantelic
...requires the court to suspend the hearing of a cause has been held to constitute direct criminal contempt of court." People v. Wilson, 35 Ill. App. 3d 86, 88 (1975). Criminal contempt "may also consist of disobedience of a court order." Betts, 200 Ill. App. 3d at 45 (citing People v. Graves......