People v. Kuelper

On October 1,1975, an order was entered in the circuit court of Cook County, Sixth Municipal District, adjudging Assistant State’s Attorney Clifford Johnson (Contemnor) to be in direct contempt of court arising out of his refusal to conduct a preliminary hearing after the trial judge had ordered him to so do. Contemnor appeals contending the contempt order cannot be allowed to stand because the position he took was legally correct and that his conduct was one of advocacy only and not calculated to disrupt the court or to call its proceedings in any sort of disrepute.

The pertinent facts are:…