STOLLER FILES APPEAL ASKING THE ILLINOIS APPELLATE COURT TO GIVE GUIDELINES ON THE PROPER PROCEEDURE TO FILE A PETITION FOR INDIRECT CRIMINAL CONTEMPT

3/31/2010

CHICAGO-(AEAE)-STOLLER FILED AN APPEAL WITH THE ILLINOIS APPELLATE COURT ASKING THEM TO SET GUIDE LINES ON THE PROPER PROCEEDURE FOR FILING AN Indirect Criminal Contempt Petition in Chicago Illinois when seeking "jail" time for attorneys and others who are found guilty of contempt.
The nature of the case before the Illinois Appeals court was a citation to discover assets. The opposing counsel, Robert Tepper, in an attempt to collect a debt, filed a false lien against a piece of property, in which he knew or should have known that the creditor had no interest according to the brief. Mr. Tepper is alleged to have falsely swore under oath that he had a valid lien on a piece of property. As a result of Mr. Tepper’s false swearing on a lien, he was entitled to a be charged in an indirect criminal contempt proceeding since his false swearing was outside the purview of the Court.
Whether the Cook County Rules of Civil Procedure provide specific instructions on how to file an indirect criminal contempt petition to be filed in Cook County?
The Appellant had filed an indirect criminal contempt petition in front of Judge Kathy Flanigan, who was familiar with a procedure which gives a party leave to file a petition on the 10th floor of the Daley Center in the Criminal Division in order to obtain a separate filing number.
On the other hand, Judge Tolmaire acknowledged in open court that he was unfamiliar with any indirect criminal contempt proceedings, and summarily denied the Appellant leave to file an indirect criminal contempt petition in the criminal division in order to obtain a separate filing number.
In view of the confusion among Judges in the Daley Center, it is important for this Court to establish guidelines and procedures for a party to obtain leave to file a petition for adjudication of indirect criminal contempt on the 10th floor of the Daley Center.
Individual parties, and pro se parties, should be allowed to bring indirect criminal contempt charges when lawyers, abusers, infringe on a court order and/or engage in any other contumacious behavior outside of the purview of the court.

The private right to prosecute gives teeth to court orders and/or to prosecution of contumacious conduct outside the purview of the court. Victims should be able to file the paperwork and argue at a hearing before a judge that could change a tormentor. Victims should not have to convince a busy prosecutor to have to add to his or her workload. Indirect criminal contempt actions should be able to be brought in the name of the victim.

There is a tradition of private prosecutions, particularly for criminal contempt. There has never been an established common law requirement, let alone a Constitutional requirement, that a criminal or an indirect criminal contempt proceeding be brought in the name of the sovereign.
A victim cannot rely on the police or prosecutors to bring these actions because the state does not have the necessary resources to enforce every court order issued or to prosecute every individual who is guilty of contumacious conduct.
Leo Stoller is a legal scholar and Appelate Expert [email protected]

4 Comments

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Anon

3/30/2010 03:51:09 pm

Agreed Stoller's blog is hopeless drivel but its completely unintentional humor value is priceless. Take Leo's post here as an example. You read and read, looking for a point to it, but Leo saved the punch line for the very end. "Leo Stoller is a legal scholar and Appelate Expert." Cue belly laughs, eye rolls and catcalls.

Priceless

3/30/2010 06:38:36 pm

Without a doubt, Anon. An 'appelate' expert who can't spell appellate, and a self-perceived legal expert who can't spell the frivolous causes of actions he alleges. Can you say 'aiding and abiding' for the umpteenth time? Oh, and let's not forget that the fat little circus midget is a 'martial arts expert' who spends seven nights a week at the gym training. I've seen crackheads who make more intelligent legal arguments than this clown.

fed watcher

3/31/2010 03:16:24 am

hahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahhahahahahhaahahahahahahahahahahahaha
that appellate court has barred his from filing anything

hahahahahaha

3/31/2010 05:11:24 am

Leo, if you were fortunate enough to be blessed with a Pinnochio nose that grew every time you told a lie, you would finally have an appendage that could satisfy a woman.

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