Illinois Law on Contempt of Court - Indirect & Direct, Criminal & Civil

 

In Illinois courts, judges have the power to punish persons whose conduct is contempt of court. There are two main types of contempt of court: 1) criminal contempt; and 2) civil contempt.

 

The judge’s power to punish someone for contempt of court depends on whether the conduct occurs inside the courtroom or outside the courtroom. This distinction is important. If the conduct occurs inside the courtroom, then the judge is a witness to the conduct, and therefore, he or she does not have to hold a trial in order to punish the offender. A trial is not necessary to determine whether the conduct was contempt because the judge observed the conduct in person. This is called direct contempt. By comparison, if the conduct occurs outside the courtroom, then the judge is not a witness. In this case, a party must prove to the court that the person’s behavior constitutes contempt. This is referred to as indirect contempt.

 

What is Contempt?

The standard for judging who is in contempt of court consists of the following factors:

1. intent to

2. commit any of the following:

a. impede

b. embarrass

c. or obstruct the court

3. or to derogate from the court’s authority

4. or to bring the court into disrepute

 

Examples of criminal contempt of court include turning and walking away from the judge when he or she is speaking, interrupting the judge, showing hostility towards the judge, profanity, causing a disturbance, attempting to leave the courtroom when not permitted to do so, wearing inappropriate clothing (shirts, pants, hats, or skirts), wearing inappropriate hairstyles, engaging in political protest, and many other things.

 

The fact that the person’s conduct is also a criminal offense does not take away the court’s power to punish that person for contempt. For example, if a person in court commits a battery, he or she can be prosecuted for the battery as well as sentenced by the judge for the same incident.

 

Direct Criminal Contempt

Direct criminal contempt must occur in the presence of the judge, must be willful, and must necessitate immediate punishment. If the conduct occurs outside the courtroom, then it is not direct criminal contempt.

 

Indirect Criminal Contempt

Unlike direct criminal contempt, indirect criminal contempt occurs outside the presence of the judge. Therefore, a party must prove to the court in a trial that the conduct actually occurred and that it was contemptuous.  Before the trial, the person accused of indirect criminal contempt must be advised of the nature of the charge, allowed to retain an attorney, and during the trial, permitted to call witness to testify on his or her behalf and present a defense.

 

Usually, the court will appoint an attorney to prosecute the case of indirect contempt of court. The attorney can be a lawyer in private practice. Likewise, the State’s Attorney can prosecute indirect criminal contempt. However, the court does not have authority to force the State’s Attorney to prosecute, or to decide what the charges should be. This is because there is a separation of powers issue: the judicial branch cannot dictate to the executive branch how to do its job.

 

Sentence for Criminal Contempt

The court has the power to sentence a person who is guilty of criminal contempt of court to jail for up to six (6) months, which is 180 days, and to fine that person up to $500. Despite the fact that a jail sentence is allowed for criminal contempt, it is considered a petty offense, rather than a misdemeanor or felony.

 

Trial for Criminal Contempt

A jury is not guaranteed as a right in a trial for criminal contempt of court. Also, the accused does not have a right to substitution of judge unless that party can show that the judge is biased or unfair.

 

Civil Contempt

Civil contempt is the court’s mechanism for enforcing its orders. The law in Illinois says that persons accused of civil contempt hold the keys to their own jail cell. That is, civil contempt is not a punishment because the party who is held in contempt can terminate the sentence at any time as soon as he or she comes into compliance with the court’s order. For example, in child support arrearage cases, if the non-paying parent (who is usually the father) fails to pay support, the court can find that person in civil contempt, sentence that person to jail, and require that person to pay $5,000 as a purge amount in order to be released from jail. As soon as the purge amount is paid, the sentence of civil contempt terminates.

 

Examples of civil contempt include failure to turn over or produce documents during discovery, deliberately not complying with a court order, not paying child support, not allowing a parent who has  joint custody visitation with a child, visitation abuse, failure to disclose the identity (name) of a party, presenting false evidence or perjured testimony, wrongfully claiming an attorney-client privilege where it is being used to commit a crime or fraud (or other criminal offense).

 

Contempt Jail Sentence & Good Behavior

A person who is sentenced to jail for contempt of court has a right to good behavior credit (also called good time or day for day credit) in the jail, which usually reduces that person’s sentence by 50%. See 730 ILCS 130/3.