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People v. Siegel

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eBook details

  • Title: People v. Siegel
  • Author : Supreme Court of Illinois
  • Release Date : January 04, 1983
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 63 KB

Description

Respondent, Mara Siegel, a licensed attorney, was summarily found in direct criminal contempt by the circuit court of Cook County, fined $1,000, and ordered incarcerated until the fine was paid. The appellate court reversed the judgment (102 Ill. App.3d 529), and we allowed the People's petition for leave to appeal. 73 Ill.2d R. 315. The facts are adequately stated in the appellate court opinion and will be reviewed here only to the extent necessary to discuss the issues. On April 28, 1980, Marie Rodriguez, charged with various criminal offenses, appeared before the circuit court. Ms. Rodriguez contended that she was a soldier and combatant fighting for Puerto Rican freedom. She contended further that she was a prisoner of war and that the circuit court had no jurisdiction over her. She waived her right to counsel for the purposes of the circuit court proceedings but asserted her right as a prisoner of war to request legal advisers. Due to her continued disruptive conduct the circuit court ordered that she be gagged. On April 29, 1980, the court ordered that Rodriguez be returned to the courtroom so that she could be properly advised of her right to counsel under Supreme Court Rule 401 (73 Ill.2d R. 401). Rodriguez, bound and gagged, was brought into the courtroom by three deputy sheriffs. Respondent, who was seated in the spectators' section of the courtroom, approached the bench. After identifying herself by name and as legal adviser for Rodriguez, she objected to the court's jurisdiction over Rodriguez on the ground that she was a prisoner of war. The court asked if respondent had filed an appearance. She answered that she had not done so and objected to the binding and gagging of Rodriguez. She demanded that Rodriguez be treated as a prisoner of war and stated, This is outrageous display of the United States' cruel and inhumane treatment * * *. The court then stated:


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