People v. City of East St. Louis

564 N.E.2d 1372, 206 Ill. App. 3d 626, 151 Ill. Dec. 710, 1990 Ill. App. LEXIS 1989
CourtAppellate Court of Illinois
DecidedDecember 31, 1990
Docket5-89-0251
StatusPublished
Cited by10 cases

This text of 564 N.E.2d 1372 (People v. City of East St. Louis) 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. City of East St. Louis, 564 N.E.2d 1372, 206 Ill. App. 3d 626, 151 Ill. Dec. 710, 1990 Ill. App. LEXIS 1989 (Ill. Ct. App. 1990).

Opinion

JUSTICE GOLDENHERSH

delivered the opinion of the court:

This case originated with the People filing a complaint against defendant, City of East St. Louis (hereinafter City), for an injunction to halt the overflow of sewage from a sewer system owned by the City. During the course of proceedings, the City’s attorney, Eric E. Vickers (hereinafter Vickers), and the City’s chief executive officer, Mayor Carl E. Officer (hereinafter Officer), were held in direct civil contempt for failing to attend a hearing on March 31, 1989, concerning the City’s sewage problem. Vickers was also held in contempt for violating the circuit court’s order directing all attorneys involved in the proceedings to verify their motions by submitting them to the court in writing and under oath. Both Vickers and Officer appeal from the circuit court’s orders holding them in direct civil contempt.

On appeal, Vickers and Officer essentially contend (1) that they were erroneously found guilty of “direct civil contempt” where, at most, they could be found guilty of “indirect criminal contempt,” (2) that they were erroneously denied their due process rights, (3) that the sanctions imposed by the circuit court were punitive, not coercive, making the contempt actions criminal, not civil, (4) that since the contemners were not able to attend the March 31, 1989, hearing through no fault of their own, they could not be held in contempt, and (5) that the circuit court’s March 31, 1989, order requiring motions to be verified was not sufficiently clear so that any finding of contempt based upon a document filed by Vickers is not sustainable. We affirm in part and reverse in part.

The facts indicate that on February 17, 1989, the People, through the St. Clair County State’s Attorney, filed a complaint for an injunction against the City to halt the overflow of sewage from a sewer system owned by the City. The first hearing was held on February 22, 1989, at which time a temporary restraining order was issued against the City. On February 28, 1989, the Land of Lincoln Legal Assistance Foundation, through its attorneys, Sheila Shunick and Bradley Le Boeuf, filed a petition to intervene in the action against the City on behalf of Sheryl Porter and Sandra Isaac, individually and on behalf of all other residents of the Villa Griffin housing project, where a major portion of the sewage problem was located. The sewage problem at the Villa Griffin housing project consisted of a nearby lake in which raw sewage had been dumped. The circuit court granted the petition to intervene.

On March 3, 1989, a hearing was held on the People’s motion for a preliminary injunction. Upon completion of the hearing, a preliminary injunction was issued and the City was “enjoined and restrained from violating the Illinois Environmental Protection Act [(Ill. Rev. Stat. 1987, ch. 111½, par. 1012)] by causing or allowing the overflow of sewage from the sewer system owned by the City and/or from depositing contaminants in the form of raw sewage from the sewage system owned by” the City. In addition, the circuit court ordered the elimination of the lake located near the Villa Griffin homes within three days. The City was to begin bypass pumping within 48 hours. The circuit court also ordered a review of the matter every 14 days to ensure compliance.

No one appeared on behalf of the City at either the hearing for the temporary restraining order or the preliminary injunction. The absence of both representatives of, and counsel for, the City prompted the circuit court to include as part of its March 3, 1989, order, a provision requiring that Officer be present at every hearing and review set in the matter. The circuit court also noted in its March 3, 1989, order that Officer’s failure to appear could result in his being held in contempt.

The next scheduled hearing was on March 17, 1989, when the circuit court heard the City’s motion to set aside portions of the March 3, 1989, order including that portion requiring Officer’s presence at all hearings and reviews. Vickers and Officer appeared late for this hearing; however, the motion was heard, and the circuit court denied the City’s request to set aside the order requiring Officer’s presence at all hearings and reviews. The court ordered Officer to appear at all subsequent hearings concerning the sewage problems. A biweekly review was then scheduled for March 31, 1989.

On the afternoon of March 30, 1989, Vickers telephoned the judge and stated that he was in trial and would have difficulty attending the hearing scheduled for the next day. Vickers requested a continuance and told the judge .that the other parties had no objection. Based upon these representations, the judge granted a continuance until April 7, 1989. After the judge’s conversation with Vickers, she contacted the other attorneys involved in the case and learned that Vickers’ representation, that the other parties had no objection to the continuance, was not entirely accurate. The judge then rescinded her order continuing the hearing. Later in the afternoon, Vickers called the judge and indicated that he had Mr. Le Boeuf and Mrs. Shunick on the telephone to discuss the matter. The judge told Vickers, “I’m not going to talk about it any more. I’m having court at 10:30 and everybody’s going to be here.”

At the hearing on March 31, 1989, the judge noted that Officer was not present. The court then discussed with the State’s Attorney and the intervenors’ attorneys Vickers’ attempt on the previous day to obtain a continuance. Mrs. Shunick stated that there was a misunderstanding between her office and Mr. Vickers’ office on the previous day, but that she did “not believe that there was any intentional misrepresentation on Mr. Vickers’ part.” Mrs. Shunick explained that she did not have any objection to the hearing being continued so long as the lake located next to the Villa Griffin homes was drained by the early part of the following week. According to Mrs. Shunick, Vickers believed that he had given her office a firm commitment that the lake would be drained by the early part of the following week, but her office did not believe he had given such a commitment to this request. Mrs. Shunick and her colleagues believed that Vickers was going to contact them again that day “to firm that up even more.” Mrs. Shunick agreed with the judge that she expected that her condition that the lake be drained would be met before she would have no objection to a continuance. The State’s Attorney stated that neither Vickers nor anyone from Vickers’ office contacted him concerning the continuance. He stated that he was in contact with the Land of Lincoln office and that he had told them that he did object to a continuance, but that since the most serious sewage problem involved their clients, he would go along with their decision to continue the matter if they were satisfied with the progress made by the City.

Loretta Moore, a partner in Vickers’ law practice, appeared for Vickers at the March 31, 1989, hearing. According to Moore, Vickers was in a felony trial in St. Louis City circuit court. Moore appeared in order to request a continuance on behalf of Vickers. She stated that she had no knowledge of any conversations concerning a continuance between Vickers and the other attorneys involved in the sewage litigation. When asked by the judge whether she was licensed to practice law in Illinois, Moore informed the court that she was not.

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Bluebook (online)
564 N.E.2d 1372, 206 Ill. App. 3d 626, 151 Ill. Dec. 710, 1990 Ill. App. LEXIS 1989, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-city-of-east-st-louis-illappct-1990.