People v. Camden

569 N.E.2d 312, 210 Ill. App. 3d 921, 155 Ill. Dec. 312, 1991 Ill. App. LEXIS 496
CourtAppellate Court of Illinois
DecidedMarch 26, 1991
Docket5-89-0300
StatusPublished
Cited by12 cases

This text of 569 N.E.2d 312 (People v. Camden) 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. Camden, 569 N.E.2d 312, 210 Ill. App. 3d 921, 155 Ill. Dec. 312, 1991 Ill. App. LEXIS 496 (Ill. Ct. App. 1991).

Opinion

JUSTICE LEWIS

delivered the opinion of the court:

This is an appeal from an order of the circuit court of Crawford County sanctioning appellant Jon C. Anderson, the State’s Attorney of Crawford County, for ex parte communications with defendant’s physicians and fining him $1. For the reasons which follow, we vacate.

In July of 1983, Julia Camden was charged with aggravated battery, armed violence, and attempted murder as a result of a shooting that occurred in a Crawford County tavern. The defendant raised the defense of insanity. Ms. Camden’s trial ended when the trial court, sua sponte, declared a mistrial. Camden’s counsel subsequently filed a motion to dismiss on the ground of double jeopardy. When this was denied by the trial court, he filed an interlocutory appeal pursuant to Supreme Court Rule 604(f) (134 Ill. 2d R. 604(f)). A majority of this court reversed and remanded the cause with directions that the defendant be discharged. (People v. Camden (1986), 140 Ill. App. 3d 480, 488 N.E.2d 1082.) The Illinois Supreme Court granted the State’s petition for leave to appeal and reversed and remanded the decision of this court. People v. Camden (1987), 115 Ill. 2d 369, 504 N.E.2d 96.

After remand the case was set for trial in February 1989. Prior to trial, on February 16, 1989, the State filed a supplemental response to motion for production, listing as potential witnesses Dr. Dean J. Pelley of Robinson, Illinois, and Dr. Leonard J. Green, III, of Terre Haute, Indiana. On February 22, 1989, after the jury had been selected and sworn, counsel for the defendant filed motions to bar the testimony of these two physicians on the ground that the State’s Attorney had conducted an ex parte interview with them without the defendant’s consent, in violation of section 8 — 802 of the Code of Civil Procedure (Ill. Rev. Stat. 1987, ch. 110, par. 8 — 802), governing the physician-patient privilege.

In opposition to this motion, the State’s Attorney told the court that he learned of these two witnesses through discovery material furnished by the defendant. He stated that his conversation with both doctors was limited to their availability to testify. With respect to his conversation with Dr. Pelley, the State’s Attorney stated that Dr. Pelley told him that he was going to be in trial as a defendant in a case in the Federal district court in Benton. He added that Dr. Pelley informed his (State’s Attorney’s) secretary that there was a “progress note” at the Crawford County Hospital, a copy of which Dr. Pelley sent to the State’s Attorney. The State’s Attorney represented that he provided a copy of this document to defense counsel. Regarding the relevance of the testimony of Dr. Pelley, the State’s Attorney explained that Dr. Pelley saw the defendant at the Crawford Memorial Hospital at 8 a.m. on July 22, 1983, the day after the shooting, and discharged her from the hospital after examining her at that time. The State’s Attorney advised the court that Dr. Pelley, in his discharge summary, stated that defendant was oriented as to date, time, place, and person. The State’s Attorney maintained that this determination was pertinent to the defendant’s defense of insanity.

With respect to his conversation with Dr. Green, the State’s Attorney stated that he inquired as to his availability for trial and asked him if the report which he (the State’s Attorney) received in discovery was the pertinent report. Regarding the relevance of the testimony of Dr. Green, the State’s Attorney explained that Dr. Green’s examination of the defendant occurred just 13 days prior to the offense.

In ruling on the defendant’s motion to prohibit the doctors from testifying, the court ordered that their testimony be limited to the content of their reports. The court expressly barred Dr. Pelley from testifying about the progress note or about anything which counsel for Julia Camden had not given to the State. The court stated that neither witness would be allowed to express an opinion concerning the defendant’s sanity if that was not addressed in his report.

During trial, Dr. Leonard J. Green, III, testified that on July 8, 1983, he saw the defendant at his clinic in Terre Haute, Indiana. The defendant, who had been referred by Dr. Pelley, wanted a tubal reanastomosis, or reattachment of her fallopian tubes. A physical examination revealed that the defendant was normal.

Dr. Dean Pelley testified that he examined the defendant at 8 a.m. on July 22, 1983, at the Crawford Memorial Hospital in Robinson, Illinois. He stated that the defendant understood his questions and that she recognized him. She knew who she was and where she was; she was oriented as to date, time, place, and person. He testified that the defendant was concerned that, as a result of the shooting incident, her former husband would obtain custody of her children. Dr. Pelley stated that he discharged the defendant at 8:21 a.m. on July 22,1983.

On February 27, 1989, the trial judge made the following docket entry:

“Outside presence of jury, State’s Attorney is disciplined for ex parte communication with defendant’s treating physicians and fined the sum of $1.00. Judgement entered; execution stayed.”

On appeal appellant, Jon C. Anderson, contends: (1) his actions in contacting defendant’s physicians regarding their availability to testify did not constitute an act of contempt; (2) even if he had talked to the defendant’s physicians about her sanity, it would not have constituted contempt in the absence of a court order; and (3) even if his conduct constituted contempt, he still was entitled to a hearing.

We decline to address appellant’s contentions since we find that appellant has misconstrued the import of the trial judge’s docket entry order of February 27, 1989. Underlying appellant’s arguments is the premise that this docket entry order constitutes a finding of indirect criminal contempt by the trial judge. We do not share this conception. The record reveals the following preliminary remarks made by the trial judge on February 27, 1989, before he made the docket entry referred to above.

“THE COURT: Gentlemen, during the course of the arguments on the motion to exclude the testimony of the doctors, due to the alleged ex parte communication, Mr. Johnson [defense counsel] expressed a concern regarding his responsibilities in view of People vs. Himmel. D.R. 1 — 103 [Rule 1 — 103 of the Code of Professional Responsibility (107 Ill. 2d R. 1 — 103)] includes, among counsel’s prerogatives or alternatives, reporting to a tribunal which is empowered to act on such violation. The Canons of Judicial Conduct, Rule 63 — B(3) [Supreme Court Rule 63(B)(3) (107 Ill. 2d R. 63(B)(3))] provides that a Judge shall take or initiate appropriate disciplinary measures, and those have historically been construed to include disciplining with prudence, where appropriate, for actions occurring in the course of the case.

Therefore, all my — assuming jurisdiction is not binding as to any further reporting you feel compelled to make, it is my opinion that you have complied with any ethical duty by reporting it to the Court.

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Cite This Page — Counsel Stack

Bluebook (online)
569 N.E.2d 312, 210 Ill. App. 3d 921, 155 Ill. Dec. 312, 1991 Ill. App. LEXIS 496, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-camden-illappct-1991.