People v. Buck

2025 IL App (4th) 250098-U
CourtAppellate Court of Illinois
DecidedJune 24, 2025
Docket4-25-0098
StatusUnpublished

This text of 2025 IL App (4th) 250098-U (People v. Buck) 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. Buck, 2025 IL App (4th) 250098-U (Ill. Ct. App. 2025).

Opinion

NOTICE 2025 IL App (4th) 250098-U This Order was filed under FILED Supreme Court Rule 23 and is June 24, 2025 NO. 4-25-0098 not precedent except in the Carla Bender limited circumstances allowed 4th District Appellate under Rule 23(e)(1). IN THE APPELLATE COURT Court, IL

OF ILLINOIS

FOURTH DISTRICT

THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the Plaintiff-Appellee, ) Circuit Court of v. ) Whiteside County NAMIR I. BUCK, ) No. 25CC1 Defendant-Appellant. ) ) Honorable ) Jennifer Rangel-Kelly, ) Judge Presiding.

JUSTICE ZENOFF delivered the judgment of the court. Justices Steigmann and Lannerd concurred in the judgment.

ORDER

¶1 Held: The appellate court affirmed an order holding defendant in direct criminal contempt where (1) the trial court personally observed the contemptuous conduct and (2) the contempt order was conducive to appellate review.

¶2 Defendant, Namir I. Buck, appeals an order holding him in direct criminal contempt

and sentencing him to six months in jail. We affirm.

¶3 I. BACKGROUND

¶4 Buck was the defendant in Whiteside County case No. 23-CF-226. His conduct in

connection with that case on November 20, 2024, led to him being held in direct criminal contempt

in the instant action, case No. 25-CC-1. The record on appeal does not include the common law

record or any reports of proceedings pertaining to case No. 23-CF-226. However, an affidavit in

the record prepared by a court reporter certifies that there were no proceedings reported in that

case on November 20, 2024. ¶5 On January 3, 2025, the trial court held contempt proceedings in case No. 25-CC-

1. Although Buck was present with counsel that day for his underlying criminal case, the court

stated that it had “business with” Buck that did not involve counsel’s representation. The court

then said:

“Mr. Buck, when you were last before this Court back on November 20th

your actions caused this Court to find you in direct criminal contempt.

You were advised that you had an arrest warrant by law enforcement. You

fled this courtroom[,] injuring persons in the courtroom, gave chase, and fled from

law enforcement officers and ignored their commands, all in the presence of this

Court and so I’m finding you in direct criminal contempt.”

The court informed Buck that he could make a statement in allocution and that possible penalties

included a fine of up to $500 and up to six months in jail.

¶6 Buck made a statement in allocution. He indicated that he was trying to right his

wrongs and work on himself while incarcerated for the past 45 days. He understood that he “was

wrong for jolting out of the courtroom” but said he did so out of fear, as a fight-or-flight reaction.

He apologized “to the Court and to whoever I injured in that moment.” He knew he “was 100

percent completely wrong” and expressed his desire for “a second chance at life.”

¶7 The trial court sentenced Buck to six months in jail for direct criminal contempt.

The court explained that this would be a lesson to Buck that when he is told he has an arrest warrant

and is going to be placed under arrest, he is “not free to leave,” and fleeing will not be tolerated.

The court added: “It is a complete disregard for law enforcement’s authority and for the respect

this Court deserves in any courtroom that you are in anywhere.”

¶8 The trial court also entered a written contempt order on January 3, 2025. The court

-2- made the following findings:

“1. This Court has jurisdiction over the subject matter and the parties.

2. On or about Nov. 20, 2024, [Buck] was advised in open court of his arrest

on an outstanding warrant and fled from the courtroom and bailiffs. Law

enforcement personnel gave chase, and [Buck] failed to comply with law

enforcement’s commands to stop running, and fled the Whiteside County

Courthouse. [Buck] continued to flee onto the public roadway and was eventually

taken into custody by law enforcement on a valid arrest warrant.

3. The Court finds that the conduct of [Buck], which occurred in the

presence of this Court, while the Court was in open session, impeded and

interrupted this Court’s proceedings, lessened the dignity of this court, and tended

to bring the administration of justice into disrepute.

4. [Buck] was given an opportunity to make a statement in allocution, and

did so.”

Thus, the court found Buck to be in direct criminal contempt “by reason of his willful and

contemptuous conduct.” The court sentenced Buck to six months in jail, “commencing instanter.”

¶9 A docket entry from January 3, 2025, added that Buck would receive day-for-day

credit against his sentence.

¶ 10 On January 28, 2025, Buck filed a pro se notice of appeal in case No. 23-CF-226,

specifying his intent to appeal the contempt order entered on January 3, 2025. We appointed the

Office of the State Appellate Defender to represent Buck. Through counsel, Buck sought leave to

amend his notice of appeal to reference the correct case number. We allowed that motion.

¶ 11 II. ANALYSIS

-3- ¶ 12 A. Mootness

¶ 13 The parties do not address whether this appeal might be moot due to Buck

completing his jail sentence. Upon considering the issue ourselves, we determine that this appeal

is not moot, despite Buck having likely already completed his sentence.

¶ 14 “A judgment of contempt which imposes a fine or sentence of imprisonment is

appealable, enabling the reviewing court to consider the propriety of the order.” In re J.L.D., 178

Ill. App. 3d 1025, 1029 (1989). “However, an appeal from a contempt order is ordinarily

considered moot where the party held in contempt has served the sentence.” J.L.D., 178 Ill. App.

3d at 1030. One exception is that even if a challenge to the sentence would be moot, a contemnor

may challenge his or her conviction, as “ ‘[n]ullification of a conviction may hold important

consequences for a defendant.’ ” People v. Cordray, 2022 IL App (4th) 220413-U, ¶ 17 (quoting

In re Christopher K., 217 Ill. 2d 348, 359 (2005)); see People v. Edwards, 2024 IL App (4th)

231329-U, ¶ 16 (addressing a contemnor’s challenge to his conviction after he completed his

sentence).

¶ 15 Although it seems likely that Buck has already served his sentence, the record does

not reflect when or if he was released from custody. We also consider that Buck challenges the

propriety of the contempt finding, the nullification of which may have important consequences for

him. See Cordray, 2022 IL App (4th) 220413-U, ¶ 17; Edwards, 2024 IL App (4th) 231329-U,

¶ 16. Under these circumstances, we may consider the merits of Buck’s appeal.

¶ 16 B. Challenge to the Judgment

¶ 17 On appeal, Buck challenges the judgment on two bases: (1) the trial court punished

him for conduct the court did not personally observe, without the required procedural safeguards

and (2) alternatively, the contempt order is insufficient to allow appellate review. We will address

-4- the issues in that order because Buck presents them this way and his arguments are interrelated.

¶ 18 1. Whether the Trial Court Punished Buck for Conduct

the Court Did Not Personally Observe, Without the Required

Procedural Safeguards

¶ 19 Buck argues that the trial court erroneously jailed him “for behavior that appears to

have occurred outside of the presence of the *** court, without any of the required procedural

safeguards.” Buck reasons as follows.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Tomashevsky
273 N.E.2d 398 (Illinois Supreme Court, 1971)
People v. Wilson
341 N.E.2d 34 (Appellate Court of Illinois, 1975)
People v. Simac
641 N.E.2d 416 (Illinois Supreme Court, 1994)
People v. Christopher K.
841 N.E.2d 945 (Illinois Supreme Court, 2005)
People v. Jashunsky
282 N.E.2d 1 (Illinois Supreme Court, 1972)
People v. Sheahan
502 N.E.2d 48 (Appellate Court of Illinois, 1986)
People v. Javaras
281 N.E.2d 670 (Illinois Supreme Court, 1972)
People v. Brown
601 N.E.2d 1380 (Appellate Court of Illinois, 1992)
People v. L.A.S.
490 N.E.2d 1271 (Illinois Supreme Court, 1986)
People ex rel. City of Chicago v. Le Mirage, Inc.
2013 IL App (1st) 93547 (Appellate Court of Illinois, 2014)
People v. Hixson
2012 IL App (4th) 100777 (Appellate Court of Illinois, 2012)
The People v. Harrison
86 N.E.2d 208 (Illinois Supreme Court, 1949)
In re Criminal Contempt of Turner
2016 IL App (4th) 160245 (Appellate Court of Illinois, 2016)
People v. Ellis
352 N.E.2d 56 (Appellate Court of Illinois, 1976)
In re Marriage of Betts
558 N.E.2d 404 (Appellate Court of Illinois, 1990)
People v. Cordray
2022 IL App (4th) 220413-U (Appellate Court of Illinois, 2022)
People v. Edwards
2024 IL App (4th) 231329-U (Appellate Court of Illinois, 2024)
People v. Watkins-Romaine
2025 IL 130618 (Illinois Supreme Court, 2025)

Cite This Page — Counsel Stack

Bluebook (online)
2025 IL App (4th) 250098-U, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-buck-illappct-2025.