From today's Chicago Tribune:
Clifton Williams arrived at the Will County Courthouse in Joliet and sat in the fourth-floor courtroom where his cousin was pleading guilty to a felony drug charge.
As Circuit Judge Daniel Rozak handed down the cousin's sentence -- 2 years' probation -- Williams, 33, stretched and let out a very ill-timed yawn.
Williams' sentence? Six months in jail -- the maximum penalty for criminal contempt without a jury trial.
Like many states, Illinois' financial situation is dire. Will County alone projects a 2010 deficit somewhere between 10-20 million. However, this case speaks to more than just budgets and sentencing reform.
I understand the need for a Judge to keep his Court in order, particularly in a criminal court where emotions often run red-hot. However, the thin-skinned Judge Rozak seems to care less about maintaining order and more about the preservation of his ego:
A Tribune review of a decade's worth of contempt-of-court charges reveals that Rozak jails people -- typically spectators whose cell phones go off or who scream or shout profanity during sentencing -- at a far higher rate than any other judge in the county. There are now 30 judges in the 12th Judicial Circuit, but since 1999, Rozak has brought more than a third of all the contempt charges, records show.
And while it is not uncommon for judges to jail people for ignoring subpoenas or court orders or appearing in court drunk or under the influence of drugs, Rozak's charges tend to involve behavior that would not otherwise be criminal.
Judges have broad discretion under the law, which defines contempt as acts that embarrass, hinder or obstruct the court in its administration of justice or lessen its authority or dignity. As long as the sentence is not longer than 6 months, there is no review of the case -- unless the offender appeals to the judge or a higher court.
For the sake of argument, let's assume the State's Attorney is correct in his analysis of the yawn:
Chuck Pelkie, a spokesman for the state's attorney's office, said the prosecutor in the courtroom that day told him that "it was not a simple yawn -- it was a loud and boisterous attempt to disrupt the proceedings."
"Loud and Boisterous Yawn," huh? 6 months?! Where is the statute detailing the differences between "loud & boisterous" v. "random muscle reflex?"
What about burps, and stomach rumblings - proceedings can certainly drag on and no food is allowed in the courtroom. And how long in jail for a loud fart? 3 months? What if it's SBD? A week?
Anyway, what's the problem with having a member of the Court's security personnel escort Williams out of the Room if he's that disruptive? Is the Judge that insecure in the ruling of his own little fiefdom?
This is not why contempt statutes are on the books. The ARDC, Illinois Bar Association, and voters of Will County need to hold Judge Rozak accountable for overstepping his role on the bench.
Most importantly, these incidents are likely to have a unnecessarily burdensome component:
In the two-story brick home where Williams had been living with his aunt Cheryl Mayfield and caring for his 79-year-old grandmother, family members said they were in shock over the sentence but were unable to afford an attorney to appeal.
Judge Rozak, you're an asshole.
Cross-posted at Gratuitous World.