Joliet, IL – Judge Gives Man Jail For Yawning

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    File photoJoliet , IL – Clifton Williams arrived at the Will County Courthouse in Joliet and sat in the fourth-floor courtroom where his cousin was pleading guilty to a felony drug charge.

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    As Circuit Judge Daniel Rozak handed down the cousin’s sentence — 2 years’ probation — Williams, 33, stretched and let out a very ill-timed yawn.

    Williams’ sentence? Six months in jail — the maximum penalty for criminal contempt without a jury trial. The Richton Park man was locked up July 23 and will serve at least 21 days.

    “I was flabbergasted because I didn’t realize a judge could do that,” said Williams’ father, Clifton Williams Sr. “It seems to me like a yawn is an involuntary action.”

    Chuck Pelkie, a spokesman for the state’s attorney’s office, said the prosecutor in the courtroom that day told him that “it was not a simple yawn — it was a loud and boisterous attempt to disrupt the proceedings.”

    Jason Mayfield, the cousin of Williams who was pleading guilty at the time, said it was “not an outrageous yawn.”

    A Tribune review of a decade’s worth of contempt-of-court charges reveals that Rozak jails people — typically spectators whose cell phones go off or who scream or shout profanity during sentencing — at a far higher rate than any other judge in the county. There are now 30 judges in the 12th Judicial Circuit, but since 1999, Rozak has brought more than a third of all the contempt charges, records show.

    And while it is not uncommon for judges to jail people for ignoring subpoenas or court orders or appearing in court drunk or under the influence of drugs, Rozak’s charges tend to involve behavior that would not otherwise be criminal.

    Judges have broad discretion under the law, which defines contempt as acts that embarrass, hinder or obstruct the court in its administration of justice or lessen its authority or dignity. As long as the sentence is not longer than 6 months, there is no review of the case — unless the offender appeals to the judge or a higher court.

    “We want judges to be able to manage the courtroom … but we have some concern that when the contempt is personal, judges might react too harshly,” said University of Chicago law professor Adam Samaha. “Contempt that happens right in the judge’s face is likely to trigger an emotional reaction.”

    Observers describe Rozak as running the type of strict courtroom that was common a few decades ago. Defense attorneys say Rozak is “tough but fair” and runs particularly well-managed trials. Rozak has been elected in 2000 and 2006, both times with recommendations from the state bar association.

    “I think he’s terrific — he understands how the world works,” said Joliet defense attorney David Carlson. “Some of the most serious felonies we have are handled in his courtroom, so I think there should be a level of seriousness and decorum.”

    So far this year, five criminal contempt charges have been brought by Will County judges. Four of them were brought by Rozak, including the case of Derrick Lee, a Joliet man who “resisted” sitting where sheriff’s deputies directed him, talked in a “very loud” voice during court and referred to Rozak as “boss,” according to the judge’s contempt order. Lee, who also was wanted on an outstanding warrant, was sentenced to 30 days but was released two days later after apologizing.

    Chief Judge Gerald Kinney said he couldn’t comment on the propriety of Williams’ case, but said he would have liked a more detailed order from Rozak in imposing the maximum penalty. He was not aware that Rozak brings a high percentage of contempt charges and said he has not received a significant number of complaints about the judge.

    Rozak could not be reached for comment.

    Rozak’s order sentencing Williams to 6 months in jail found that he “raised his hands while at the same time making a loud yawning sound” that caused the judge to “break from the proceedings.”

    “I really can’t believe I’m in jail,” Williams wrote his family in a letter. “I done set (sic) in this [expletive] a week so far for nothing.”

    People in other Will County courtrooms have received less severe sentences for seemingly more flagrant offenses. In Judge Richard Schoenstedt’s court last year, a woman was disruptive during closing arguments of a trial; shouted, “This is bull …” as she was led away; was held to the floor by a deputy; and “continued to be disruptive” after later being brought back before the judge. She received a 7-day sentence for contempt, records show.

    Rozak has sentenced more spectators to jail for infractions involving cell phones than any other judge in Will County in the last decade. In 2003, a man who called the judge an “ass” after Rozak ordered him to turn over the phone when it rang in court was sentenced to 10 days but did just 24 hours after apologizing to the judge.

    Three years later, a man twice refused to turn over his ringing cell phone to a deputy and then, his phone ringing before the bench, refused to hand it to Rozak. He also received a 6-month sentence, but it was reduced to 18 days after the man apologized, records show.

    In the two-story brick home where Williams had been living with his aunt Cheryl Mayfield and caring for his 79-year-old grandmother, family members said they were in shock over the sentence but were unable to afford an attorney to appeal.

    “This is ridiculous — you’ve got all these people shooting up kids, and here this boy yawns in court [and gets 6 months]. It’s crazy,” she said. “This could happen to any one of us.”


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    23 Comments
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    Anonymous
    Anonymous
    14 years ago

    This Rozak guy is not a judge but an abuser of the justice system. The community needs to protest so he get fired and disbarred.

    Pupa ruv
    Pupa ruv
    14 years ago

    What we could learn from this is kovod beis hamedresh to behave properly kal vchomer lhavdil from the courthouse

    mrs boro parker
    mrs boro parker
    14 years ago

    Yaawwwnnnnnn (am in now in contempt of VIN)

    Anonymous
    Anonymous
    14 years ago

    kol hakovod! Managing property I have had occasion to go to court a number of times and have been appalled at the lack of respect judges get. I don’t always win and have lost a lot of money b/c of judges who don’t do there job properly, and are too quick to think they know everything. However, there are certain behavours that are unacceptable, such as direspectfully yawning. It seemed pretty clear from this article that Williams was trying to disrupt in a way that can later be explained away if need be (“but I was just tired”), like coughing or sneezing. Sometimes you need to generate a bissel aimah to show respect is in order.

    Narcissistic Personality Disorder
    Narcissistic Personality Disorder
    14 years ago

    This judge needs to have his head examined, literally.

    Rozak should be forced to have to submit to Psychiatric Evaluation.

    He obviously is suffering from a very severe personality disorder, and or he is suffering from impaired judgment for sentencing someone who admits involvement in DRUGS to probation with no Jail time at all, while someone who Yawns, he sentences to 6 months of hard Jail.

    Even if this Judge is found (after his forced psychiatric evaluation), that he is 100% mentally capable he should still be removed from the bench and sentenced to Jail himself for being so egotistical, that his own stinking Kovod means more than a Drug Dealer who admits to doing drugs.

    Narcissistic Personality Disorder (NPD) is a pattern of self-centered or egotistical behavior that shows up in thinking and behavior in a lot of different situations and activities. People with NPD won’t (or can’t) change their behavior even when it causes problems at work or when other people complain about the way they act, or when their behavior causes a lot of emotional distress to others (or themselves? none of my narcissists ever admit to being distressed by their own behavior — they always blame other people for any problems).

    Judge should be sentanced to Jail, himslef
    Judge should be sentanced to Jail, himslef
    14 years ago

    In my opinion, this egotistical Judge should be sentenced to be thrown in to Jail, himself, for his alleged abuse of power, to Jail someone whom he perceives has not having respected hims as much as he would like.

    If any Judge is in fact an Egotistical Maniac, they are far too dangerous to be permitted to be Judges, inflicting their abuse of power upon the innocent.

    A Mental Health Issue - No One is "Immune" to it
    A Mental Health Issue - No One is "Immune" to it
    14 years ago

    Let’s face it.

    It’s quite common that some people have psychological problems with their Mental Health, including an out of control ego.

    In every segment of society you will always find a minority, some percentage of the people who will have various medical (Physical or Psychological) disorders.

    For every 1000 Judges, some percentage of them will have diabetes, some may have other health issues including the possibility of Mental Health issues.

    We can’t allow someones personal, out of control ego, to be in a position to be able to exploit his position of power to make himself feel better about his Ego, at the expense of others.

    Shalom
    Shalom
    14 years ago

    It happened in Israel too! On Nov. 2008 an IDF soldier was sentenced for 21 days in jail for yawning at Rabin Memorial, believe it or not!

    Meir
    Meir
    14 years ago

    You see – harsh things happen to non-Jews as well. It is not always anti-Semitism

    Yitz
    Yitz
    14 years ago

    It’s almost as bad as Road Rage, only much worse if a Judge can’t control his temper.

    From Illinois
    From Illinois
    14 years ago

    The judge is a well respected, fair, and understanding judge. He simply has no patience for contemtuous behavior, nor for lawyers draying him a kup. He was well within his rights to demand respect and decorum from all who use his courtroom.

    Anonymous
    Anonymous
    14 years ago

    First, I am shocked at the lack of decorum and respect that various situations get when they deserve them. This Judge might be overdoing it (I have only read this article and am not familiar with the judge).
    Two, notice how sentences are reduced once the offender apologizes?

    Dov
    Dov
    14 years ago

    There are yawns and there are YAWWWNS. Sometimes it is done lehachis. As such he could be punished.

    Anonymous
    Anonymous
    14 years ago

    I don’t chap. Does this Judge think he’s the ruler of the world. Wow!! has he gotten a big ego. I’m glad he doesn’t serve in NY. Who knows… I’m might have been in jail by now for perhaps — sneezing…

    What an idiot!!

    Anonymous
    Anonymous
    14 years ago

    reading this article is making me yawn!! “Yawwwwn…”

    heshy
    heshy
    14 years ago

    I am apalled at the majority of comments that question the Judge’s actions. The lack of respect for a court in session, and the arrogance of youth, certainly merit punishment. The reprieves after some quality time in lockup, and an apology after some “hisboidedus” shows that the Judge is a compassionate individual. KOL HAKOVOD! We need juges like him in NY!

    He's has a record for contempt charges
    He's has a record for contempt charges
    14 years ago

    This judge is one of 30 on the bench but has 30% of the contempt of court charges. that’s 10x all the other judges. Something is CLEARLY wrong here with him. He should be removed and disciplined.

    Anonymous
    Anonymous
    14 years ago

    The judge gave the wrong sentence. He should have done like teachers do and subjected the man to writing 200 sentences of ” I will be respectful in the courtroom>” or something like that.
    Jails are too crowded-there are more people in jails and prisons in the US than the population of several states. Prisons waste taxpayers dollars, prisoners are forced into behavior not condoned by the Torah, and the prisoners do not necessarily learn a lesson from their prison sentence about respecting the law and avoiding criminal behavior.

    Anonymous
    Anonymous
    14 years ago

    Read the article:

    Chuck Pelkie, a spokesman for the state’s attorney’s office, said the prosecutor in the courtroom that day told him that “it was not a simple yawn — it was a loud and boisterous attempt to disrupt the proceedings.”

    Why would you believe the offender over the prosecutor?