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Keywords

plaintifftrialwill

plaintiffattorneylawyertrial

Related Cases

Campasano v. Koster, Not Reported in N.E. Rptr., 2019 IL App (1st) 182070-U, 2019 WL 7019004

Facts

During a trial in the case of Campasano v. Koster, Thollander, acting as counsel for the plaintiff, repeatedly disrupted court proceedings despite being admonished by the judge. His behavior included muttering under his breath, shouting 'gadzooks' after a ruling, and generally behaving in a rude and hostile manner. The trial court found that Thollander's conduct impeded the proceedings and diminished the court's dignity, leading to a finding of direct criminal contempt and a $1,000 fine.

Thollander was counsel for the plaintiff in the case of Campasano v. Koster, No. 14-CH-13676 (Cir. Ct. Cook County), which was on trial before the court from May 21, 2018, through May 24, 2018. In the trial court's order, the court observed that it 'repeatedly admonished Mr. Thollander to obey the Court's rulings, and further admonished him several times that if he continued his improper courtroom behavior, consisting among other things of shouting, behaving in a hostile manner, interjecting during Court rulings, that Mr. Thollander would be found in direct criminal contempt.'

Issue

Did the trial court abuse its discretion in finding Thollander in direct criminal contempt for his courtroom conduct?

Thollander claims, among other things, that his conduct did not rise to the level of criminal contempt and that he lacked notice and an opportunity to be heard.

Rule

Direct criminal contempt is defined as conduct that is calculated to embarrass, hinder, or obstruct a court in its administration of justice or derogate from its authority or dignity.

The type of conduct that rises to the level of direct criminal contempt is 'conduct which is calculated to embarrass, hinder or obstruct a court in its administration of justice or derogate from its authority or dignity, thereby bringing the administration of law into disrepute.'

Analysis

The appellate court analyzed Thollander's behavior in the context of the trial court's findings. It noted that Thollander's repeated disruptions, including the use of the word 'gadzooks' after being warned, were disrespectful and obstructive. The court emphasized that the trial court had the authority to maintain order and that Thollander's actions were willful and contemptuous, justifying the contempt finding.

No matter how frustrated a lawyer becomes with a court's rulings and comments, it is nonproductive and obstructive to disobey the court when the court refuses to allow an attorney to make statements on the record that he or she believes are necessary.

Conclusion

The appellate court affirmed the trial court's order, concluding that it did not abuse its discretion in finding Thollander in direct criminal contempt.

We cannot say that the trial court abused its discretion in finding the contemnor in direct criminal contempt for the continued use of the word 'gadzooks' after the trial court's ruling or comments.

Who won?

The trial court prevailed, as it upheld its finding of contempt against Thollander based on his disruptive behavior.

The trial court observed that Thollander was 'admonished several times regarding his behavior,' but he 'refused to change his behaviors or acknowledge their impropriety.'

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Mandel v. Hodges, 54 Cal.App.3d 596, 127 Cal.Rptr. 244, 12 Fair Empl.Prac.Cas. (BNA) 627, 90 A.L.R.3d 728, 11 Empl. Prac. Dec. P 10,891

Marder v. Realty Const. Co., 84 N.J.Super. 313, 202 A.2d 175

Hutcherson v. Alexander, 264 Cal.App.2d 126, 70 Cal.Rptr. 366, 38 A.L.R.3d 636

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Meier v. Meyer, 153 Neb. 222, 43 N.W.2d 502