Two contemnors attended a 2014 jury trial involving concentrated animal feeding operations, an operation they opposed. Trial court entered a written order of contempt, and found that no petition of allegations was required as violation occurred in front of judge, and found that contemnors admitted passing out objectionable books during trial. None of contemnors' acts were personally observed by trial court, according to record. Court failed to provide contemnors with necessary procedural safeguards, and failed to notify them that court was considering imposition of direct criminal contempt prior to responding to court's leading questions. Contemnors were not provided an opportunity to fully respond to contempt charges or informed of their right to hearing. Thus, court provided no opportunity for them to be heard or present any testimony, including as to willfulness of their behavior. (KNECHT and POPE, concurring.)
Illinois Appellate Court
Criminal Court
Contempt