23.9 Contempt proceedings


(A) Generally

(1) Initiation

A request for a rule to show cause or an adjudication of indirect criminal contempt or indirect civil contempt must be made by written petition, must specifically identify the order or provision alleged to have been violated, and must be properly served on the responding party.  The petition shall state both the legal and the factual bases of the alleged contempt.

(2) Attachments

The petition must have a copy of the judgment or order alleged to have been violated attached as an exhibit.

(3) Issuance of Rule

Upon the presentation, pursuant to notice, of a verified petition or sworn testimony in open court seeking a finding of indirect civil contempt, which makes a prima facie showing of noncompliance, a judge may issue a rule to show cause.  The court may issue a rule notwithstanding the responding party=s request to file a written response.

(4) Form of order

When a judge issues a rule to show cause, the official form for a rule to show cause provided by the court shall be used.

(5) Service of rules

Unless otherwise directed by the court, service of any rule to show cause shall be as required by applicable court rules.

(6) Findings of Contempt

A finding or adjudication of contempt shall be by written order and shall contain specific findings of fact.  In cases involving child support arrears, the order shall state the exact amount of any arrearage found to be due and owing. Upon a finding of contempt that results in incarceration, a form order of commitment provided by the court shall be used.

(7) Return to Court

An order remanding a contemnor to the custody of the Cook County Department of Corrections for indirect civil contempt must include a provision that the contemnor will be returned to the court for status at periodic intervals, but in no event less frequently than every thirty (30) days.

(B) Appointment of Attorneys in Contempt Cases

(1). The Elder Law and Miscellaneous Remedies Division in conjunction with any duly constituted, recognized bar association, will recruit attorneys to represent indigent litigants in contempt hearings in domestic violence cases.  An attorney appointed by the court in such hearings shall be compensated as provided in Ill. S. Ct. R. 299.

(2) The qualifications, rules of appointment, and administration shall be the same as provided in Cook Co. Cir. Ct. R. 13.8.

 

Dated this 29th day of August, 2013, effective immediately. This Rule shall be spread upon the records of this Court and published.

ADOPTED BY A MAJORITY OF THE JUDGES OF

THE CIRCUIT COURT OF COOK COUNTY.