People v. Bertelle

518 N.E.2d 332, 164 Ill. App. 3d 831, 115 Ill. Dec. 807, 1987 Ill. App. LEXIS 3658
CourtAppellate Court of Illinois
DecidedDecember 14, 1987
Docket85-3739
StatusPublished
Cited by12 cases

This text of 518 N.E.2d 332 (People v. Bertelle) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Bertelle, 518 N.E.2d 332, 164 Ill. App. 3d 831, 115 Ill. Dec. 807, 1987 Ill. App. LEXIS 3658 (Ill. Ct. App. 1987).

Opinion

JUSTICE CAMPBELL

delivered the opinion of the court:

Defendant, Donald Bertelle, an assistant public defender, appeals from an order entered by the circuit court of Cook County which found him guilty of direct criminal contempt and imposed a $200 fine. On appeal, defendant contends'that because his comments were not calculated to embarrass or to obstruct the court or to derogate from the court’s authority and dignity, they did not constitute contempt of court. For the following reasons, we reverse the judgment of the circuit court.

The record indicates that the alleged contempt arose during the murder trial of Dennis Fox, who was represented by Bertelle, Clyde Lemmons and Judith Stewart, all assistant public defenders. During cross-examination of a defense witness, the State asked the witness if she recalled being interviewed by an investigator from the State’s Attorney’s office on an earlier date. Defense attorney Stewart immediately objected to the question. However, the witness replied before the court could rule on the objection. Stewart then repeated the objection and requested a sidebar. Ignoring Stewart’s request, the court asked the State to tender a copy of the interview to the defense. The following colloquy ensued:

“BERTELLE: Judge-
THE COURT: Be quiet.
BERTELLE: It is very unfair.
THE COURT: So are you being unfair.
BERTELLE: I am not hiding anything.
•THE COURT: If you say anything once again like that, Mr. Bertelle, we are really going to have it. You have been badly trained. Judges have let you get away with things, and you had better not step out of line one more time in this case.”

Subsequently, during surrebuttal, defendant Fox testified that he had pled guilty with respect to his three prior convictions and, thus, had never gone to trial. During cross-examination of Fox, the following occurred:

“THE STATE: Mr. Fox, if you learned anything from your court experiences in those other three cases that you were convicted of—
LEMMONS: Objection.
THE COURT: Let him finish his question.
THE STATE: You learned there is no profit or advantage to pleading guilty, didn’t you?
THE COURT: Sustained.
THE STATE: .You go to jail when you plead guilty, don’t you?
FOX: Yes.
BERTELLE: He is going along the same lines.
THE COURT: Sit down Mr. Bertelle. Sit down, Mr. Lemmons.
LEMMONS: Objection.
BERTELLE: Objection.
THE COURT: Overruled.
BERTELLE: Unfair.
THE COURT: Mr. Bertelle, I fine you $100. Put it up on the clerk’s table and don’t flash it because I w,ill ¡empty that pocket.
BERTELLE: It is unfair, judge.
THE COURT: Put down.another hundred.
BERTELLE: I do not have another hundred.
THE COURT: Then you will go in custody at the end of the day. Sit down. Send for a deputy sheriff, Mr. Sheriff.
SHERIFF: Yes, your Honor.
THE STATE: You know, Mr. Fox when you plead not guilty that there is a chance that you might not be convicted?
THE COURT: Sustained. Redirect.
LEMMONS: I have nothing further.”

Pursuant to the record, an order was entered on December 5, 1985, holding Bertelle in direct contempt and fining him $200. Bertelle’s timely appeal followed.

It is well established that to sustain a finding of direct ■ criminal contempt, it must be proven that the acts which allegedly form the basis for the contempt order were calculated to embarrass, hinder or obstruct a court in its administration of justice or to derogate from its authority or dignity or to bring the administration of law into disrepute. (People v. Siegel (1983), 94 Ill. 2d 167, 445 N.E.2d 762; People v. Miller (1972), 51 Ill. 2d 76, 281 N.E.2d 292.) Criminal contempt consists of an intent and an act, both of which must be proven beyond a reasonable doubt. (City of Chicago v. Hart Building Corp. (1969), 116 Ill. App. 2d 39, 253 N.E.2d 496.) The necessary intent has been defined as a voluntary act by one who knows or who should reasonably be aware that his conduct is' wrongful. (United States v. Seale (7th Cir. 1972), 461 F.2d 345.) Under Illinois law, wrongful conduct is that which embarrasses, hinders, or obstructs the court in the administration of justice. (People v. Siegel (1983), 94 Ill. 2d 167, 445 N.E.2d 762.) In reaching its determination as to whether direct criminal contempt has occurred, the reviewing court may also consider provocation by the trial court and erroneous trial court rulings which may have triggered the attorney’s comments. (People v. Pearson (1968), 98 Ill. App. 2d 203, 240 N.E.2d 337.) If it can be shown that the underlying cpnduct constituted a good-faith attempt by the attorney to represent his client without hindering the court’s functions or dignity, a finding of direct contempt will be reversed upon review. People v. Miller (1972), 51 Ill. 2d 76, 281 N.E.2d 292.

In the present case, Bertelle argues that his remarks were not offensive, were not shouted in a boisterous tone and did not disrupt the court proceeding. Instead, they were merely part of a “good faith effort” to represent his client. As evidence of his good-faith effort and his lack of intent to hinder, embarrass or obstruct the court, Bertelle points out that the trial court ultimately sustained the objection he had made which had given rise to the contempt order.

In response, the State contends that Bertelle’s statements before the jury impugned the integrity of an officer of the court, which would lead the jury to question the fairness of the entire judicial proceeding. In support of its position, the State relies on People v. Siegel (1983), 94 Ill. 2d 167,

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658 N.E.2d 1372 (Appellate Court of Illinois, 1995)
In Re Marriage of Lichtenstein
637 N.E.2d 1258 (Appellate Court of Illinois, 1994)
People v. Simac
641 N.E.2d 416 (Illinois Supreme Court, 1994)
People v. Griffith
620 N.E.2d 1138 (Appellate Court of Illinois, 1993)
People v. Coulter
594 N.E.2d 1157 (Appellate Court of Illinois, 1992)
People v. Fox
532 N.E.2d 472 (Appellate Court of Illinois, 1988)

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Bluebook (online)
518 N.E.2d 332, 164 Ill. App. 3d 831, 115 Ill. Dec. 807, 1987 Ill. App. LEXIS 3658, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bertelle-illappct-1987.