Ill. R. Cir. Ct. Lake Cnty. 10-1.03

As amended through September 23, 2024

Rule 10-1.03 - Indirect Criminal Contempt

Indirect criminal contempt defined. Conduct constitutes indirect contempt when it occurs outside the presence of the Court, or the elements of the offense are otherwise not within the personal knowledge of the Judge. Criminal contempt committed in the presence of the Court, but not summarily treated as direct criminal contempt as provided in LCR 10-1.02, may be prosecuted as indirect criminal contempt.

A.Petition for Adjudication. An indirect criminal contempt proceeding shall be initiated by the filing of a Petition for Adjudication of indirect criminal contempt. The Petition shall be verified and set forth with particularity the nature of the alleged conduct. The charge may be prosecuted by the State's Attorney or, if he declines, by an attorney appointed by the Court. "YOUR FAILURE TO APPEAR AT THIS HEARING MAY RESULT IN YOUR ARREST." If the Respondent fails to appear after due Notice, or if the Court has reason to believe the Respondent will not appear in response to the Notice, the Court may issue a bench warrant for the Respondent's arrest. When a warrant issues, the Court shall set bail as authorized in criminal cases. The amount of bail shall be indicated on the Order of Attachment.

C. Explanation of Respondent's rights. At the first Court appearance of the Respondent, the Court shall inform the Respondent of his right to:

1. Notice of the charge and of the time and place of the hearing;

2. An evidentiary hearing, including the right to subpoena witnesses, confront the witnesses against him, and make a response to the charge;

3. An attorney and, if indigent, the right to have an attorney appointed;

4. Freedom from self-incrimination;

5. The presumption of innocence;

6. Be proven guilty only by proof of guilt beyond a reasonable doubt; and

7. A trial by jury if the Court, prior to the start of the hearing, declares that a jail sentence of more than six months, a fine of more than $500.00, or both, may be imposed upon a finding of guilty.

D.When referral to another Judge required. The Petition shall be referred to another Judge for the hearing on the issues of contempt and the imposition of a sentence where a controversy between the Judge and the alleged contemnor is integrated with the alleged conduct and embroils the Judge to the degree that the Judge's objectivity may be reasonably questioned.

E.Statement in mitigation. If a person is found in contempt, the Judge shall allow the person an opportunity to make a statement in mitigation prior to imposing sentence.

F.Sentencing. After any hearing in which the Respondent was advised of his right to trial by jury the Court, in the exercise of its discretion, may impose sanctions as it deems necessary and appropriate. Otherwise, the Court may impose a sentence of up to six months in jail, a fine of not more than $500.00, or both.

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

H.Appeal. A Judgment of indirect 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. 10-1.03

Amended effective 10/24/2016.