People v. Shekar


2022 IL App (2d) 210524-U Nos. 2-21-0524 & 2-21-0525 cons. Order filed September 28, 2022 NOTICE: This order was filed under Supreme Court Rule 23(b) and is not precedent except in the limited circumstances allowed under Rule 23(e)(l). ______________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT ______________________________________________________________________________ THE PEOPLE OF THE STATE ) Appeal from the Circuit Court OF ILLINOIS, ) of Du Page County. ) Plaintiff-Appellee, ) ) v. ) Nos. 21-CC-12, 21-CC-13 ) RAJ G. SHEKAR a/k/a Roger Shekar, ) Honorable ) Daniel P. Guerin, Defendant-Appellant. ) Judge, Presiding. ______________________________________________________________________________ JUSTICE HUTCHINSON delivered the judgment of the court. Justice McLaren concurred in the judgment. Presiding Justice Brennan dissented. ORDER ¶1 Held: The trial court’s imposition of bond conditions, in combination with a prior administrative order preventing defendant from future filings without written approval of the presiding judge of the Du Page County Law Division, improperly enjoined him from filing pleadings in defense of his prosecution for indirect criminal contempt. ¶2 Defendant, Roger Shekar, was charged with indirect criminal contempt for alleged violations of an administrative order prohibiting him from filing any new pleadings without express written approval of the presiding judge of the Du Page County Law Division. Following defendant’s arrest, the trial court imposed certain bond conditions in addition to the prohibitions 2022 IL App (2d) 210524-U contained in the administrative order. Defendant subsequently attempted to file a pro se motion to substitute judge as of right pursuant to 725 ILCS 5/114-5(a) and a petition to transfer venue. Defendant’s attempts were denied, and he filed a notice of appeal leading to the matter before this court. We vacate in part, and remand for further proceedings. ¶3 I. BACKGROUND ¶4 On February 26, 2021, the Du Page County trial court issued administrative order 21-8 that found defendant had “filed a complaint on December 30, 2019, case number 19-L-1445, with said complaint containing language that is patently offensive, harassing and not included for any proper purpose[.]” The administrative order further found that defendant’s had “filed a complaint on February 11, 2021, case number 21-L-184, with said complaint containing language that is patently offensive, harassing and not included for any proper purpose[.]” As a result, the administrative order found that “restraints must be imposed upon [defendant’s] ability to file any new civil cases or any other documents relating to any currently pending cases in [Du Page County].” It was ordered that defendant, on his own behalf or on the behalf of any other person or entity, be “prohibited and enjoined from filing any new complaints or any other documents relating to any currently pending cases in [Du Page County] without the express written approval of the Presiding Judge of the Law Division.” ¶5 On May 20, 2021, the trial court entered an administrative order amending the February 26, 2021, order. The amended administrative order found that defendant had “sent emails to employees of the Clerk of the Circuit Court that contain language that is patently offensive, harassing and not …

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