NCJ Number
113983
Journal
Loyola University of Chicago Law Journal Volume: 19 Issue: 3 Dated: (Spring 1988) Pages: 827-853
Date Published
1988
Length
27 pages
Annotation
This article provides examples of Illinois case law dealing with the many areas of contempt, thereby providing a way to organize, find, and understand the law of contempt in Illinois.
Abstract
The article discusses general contempt provisions as well as civil and criminal contempt. The judiciary possesses the limited power of contempt, both civil and criminal, and it may use the contempt power to punish contumacious conduct. Civil contempt proceedings are coercive, while criminal contempt proceedings are punitive. Only the offended court has the power to punish for civil contempt. A party accused of civil contempt has the following defenses: inability to comply, the contempt order violates the party's fifth amendment privilege against self-incrimination, or the order is invalid. Criminal contempt is not a statutorily defined offense, but it consists of actions that impede the work of the court, lessen its dignity, or disregard or abuse court processes. The power to sanction for contempt enables courts to continue to function even if their orders are not voluntarily complied with. 152 footnotes.