Kaeding v. Collins

JUSTICE LYTTON,

specially concurring:

I do not agree with the majority’s holding that the trial court possessed actual, personal knowledge simply because documents were handed to the judges and portions were read into the record. Presumably, in all contempt cases based upon the filing of improper pleadings, a judge will eventually obtain and read the documents in question. If this were sufficient to constitute actual, personal knowledge, courts would never need to provide the procedural rights discussed in In re Marriage of Betts, 200 Ill. App. 3d 26, 47-59, 558 N.E.2d 404, 418-26 (1990).

I concur in the outcome because I believe the record provides another basis to conclude that Kaeding’s procedural rights were not violated. Where, as here, the contemnor appears before the court and admits to actions constituting contempt, the party may be held in direct contempt. People v. Harrison, 403 Ill. 320, 324, 86 N.E.2d 208, 210 (1949); People ex rel. Chicago Bar Ass’n v. Barasch, 406 Ill. 253, 255, 94 N.E.2d 148, 149 (1950); see also Ceséna v. Du Page County, 201 Ill. App. 3d 96, 113, 558 N.E.2d 1378, 1389 (1990) ("when the alleged contemnor admits such an indirect contempt in court, it may be punished as a direct contempt”), rev’d on other grounds, 145 Ill. 2d 32, 582 N.E.2d 177 (1991). Since a contemnor may be dealt with summarily without the formality of pleadings, notice and hearing when his actions constitute direct contempt (People ex rel. Chicago Bar Ass’n v. Barasch, 21 Ill. 2d 407, 410, 173 N.E.2d 417, 419 (1961)), Kaeding cannot complain that his procedural rights were violated.