Ill. R. Cir. Ct. Lake Cnty. 10-1.02

As amended through September 23, 2024

Rule 10-1.02 - Direct Criminal Contempt

Direct criminal contempt defined. Conduct constitutes direct criminal contempt if it is committed in such a manner that no evidentiary hearing is necessary to determine the facts establishing such conduct and it is committed in the presence of the Judge, or in an integral part of the Court, while the Court is performing its judicial functions.

A.Court's alternatives. Upon the commission of an act constituting a direct criminal contempt, the Court may:

1. Summarily find the person in contempt and immediately impose a sentence;

2. Summarily find the person in contempt and impose a sentence within a reasonable time; or

3. Delay the finding of contempt and the imposition of sentence until a later time. When the finding of contempt is delayed, the contempt proceeding shall be conducted in the same manner as an indirect criminal contempt (see LCR 10-1.03).

B.Conduct specified/statement in mitigation. Prior to entering a finding of contempt, the Court shall inform the person of the specific conduct forming the basis of the finding. Prior to imposing sentence the Court shall permit the person an opportunity to present a statement in mitigation.

C.Sentence. If the matter is heard without a jury, and upon a finding of direct criminal contempt, the Court may impose a fine not to exceed five hundred dollars, a jail sentence not to exceed six months, or both. If a jury finds the Respondent guilty of contempt, the Court is not limited in the amount of fine or period of incarceration it may impose. The Court, in the exercise of its discretion, may impose such other sanctions as it deems appropriate.

D.Written Order required. Upon imposition of a sentence, the Court shall enter a written Judgment Order setting forth the factual basis of the finding and specifying the sentence it imposed.

E.When referral to another Judge is required. Where the behavior that allegedly constitutes contempt embroils the Judge to the degree that the Judge's objectivity can reasonably be questioned, the issues of contempt and appropriate sentence shall be referred to a different Judge. In this event, the Judge before whom the alleged contempt occurred shall specify in writing the nature of the alleged acts of contempt, shall direct that a record of the proceedings surrounding the acts be prepared and shall transfer the matter to the Presiding Judge for reassignment. The Judge hearing the proceedings after the reassignment shall base his findings and adjudication of the contempt charge solely on the transferred written charge and the record of the proceedings.

F.Appeal. A Judgment of direct criminal contempt may be appealed in the same manner as criminal cases. Upon the filing of a Notice of Appeal, the Court may set bond and stay the execution of any sentence imposed pending the outcome of the appeal.

Ill. R. Cir. Ct. Lake Cnty. 10-1.02

Amended effective 10/24/2016.