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People v. Brigham

APRIL 13, 1964.

PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

TREMAYNE BRIGHAM, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Cook County; the Hon. ALFRED J. CILELLA, Judge, presiding. Affirmed.

MR. PRESIDING JUSTICE MURPHY DELIVERED THE OPINION OF THE COURT.

Rehearing denied May 4, 1964.

Respondent Tremayne Brigham, an attorney, appeals from a contempt order entered in the "Family Court." He was sentenced to the County Jail of Cook County "for a period not to exceed sixty (60) days."

The facts are not disputed. The contempt proceeding was initiated by a petition filed by the chief administrative officer of the Family (Juvenile) Court of Cook County, a branch of the Circuit Court (Ill Rev Stats, c 23, §§ 2003-4). The petition, verified on information and belief, alleged: that a delinquent petition was filed in the "Family Court" on December 21, 1962, alleging that a female child (named in the petition) was incorrigible, and on that day a preliminary custody hearing was held and the child was ordered detained in the Arthur J. Audy Home; that Mr. James Jordan, Superintendent of the Arthur J. Audy Home, was appointed temporary guardian until further order of the court, and the matter was continued until January 11, 1963; that on December 27, 1962, an appearance was filed in the clerk's office, purporting to be signed by Clinton O. Sims, an attorney, which appearance was subsequently presented to the Arthur J. Audy Home by a person representing himself to be Sims; that after signing the name of Sims in a registration book, the person was permitted to see the delinquent child on December 27, 1962, in an interview room in the Arthur J. Audy Home; and that the person who signed the name of Sims and who presented himself in the Audy Home and interviewed the delinquent child was not Sims, but the respondent Tremayne Brigham. The petition further alleged "that the delinquency petition filed in this case is a result of delinquent acts committed by said child with the said respondent, Tremayne Brigham and that the said Tremayne Brigham has a personal interest in the matter of any prosecution or further disposition of this cause and related causes concerning the delinquency behavior of the child with said respondent." The petition charged that the acts of respondent Brigham were deceitful and fraudulent and were wilful and contumacious acts of contempt of court, and prayed "that this court enter a rule to show cause upon the respondent, Tremayne Brigham to show cause if any he have why he should not be held and punished for contempt of this court wilfully committed by him."

Respondent appeared in court with counsel, and the following order was entered on January 28, 1963:

"This cause coming on to be heard upon the action of the State's Attorney, Daniel P. Ward, for a Rule to Show Cause upon the respondent, Tremayne Brigham and it appearing to the Court that due notice has been given to the respondent with a copy of the Petition thereto attached and it further appearing to the Court that the respondent, Tremayne Brigham appeared before this Court in his own proper person and with his counsel, whose appearance has been filed herein, said counsel being Clinton O. Sims, and it further appearing to the Court that said Tremayne Brigham and his counsel waive the issuance of a Rule to Show Cause herein and submit themselves to this Court seeking an immediate hearing upon said petition and waive filing of an Answer to said petition and it further appearing to the Court that said Tremayne Brigham in his own person and through his counsel admits each and every allegation in the said petition and it further appearing to the Court upon the sworn testimony of the petitioner and the admissions of the respondent thereto, Tremayne Brigham, that each and every allegation contained in the said petition are true;

"It Is Further Ordered, Adjudged and Decreed:

"`That a Rule to Show Cause ought to be entered herein and the said respondent Tremayne Brigham waives issuance of a Rule to Show Cause upon said petition and waives the right to answer said petition asking for an immediate hearing upon said petition without the benefit of an Answer and issuance of a Rule, that the said respondent, Tremayne Brigham be and he is hereby found to to in Contempt of this Court.'

"It Is Further Ordered, Adjudged and Decreed:

"`That the said Tremayne Brigham is hereby sentenced to the County Jail of Cook County, Illinois, for a period not to exceed sixty (60) days.'

"It Is Further Ordered, Adjudged and Decreed:

"`That the Sheriff of Cook County, Illinois shall forthwith transport said Tremayne Brigham to the Warden of the County Jail as aforesaid.'

"It Is Further Ordered, Adjudged and Decreed:

"`That the respondent, Tremayne Brigham having notified in open Court that he wishes to appeal the decision of this Court in regard to the said finding of Contempt of this Court, the Court fixes the Appeal Bond in the ...


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