Legal Question in Criminal Law in Illinois

Pergury

What right does a judge have to refer a civil (divorce) case participant to the state's attorney's office after having signed an agreed order that was presented to the court by both parties which negated the civil contempt allegations for which the judge now believes there is reason to refer one party to the state's attorney for criminal prosecution on pergury charges?


Asked on 4/29/04, 8:46 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Pergury

A judge, relying on the inherent powers of his or her office, may refer any matter which he or she deems appropriate to the Office of the Commonwealth's Attorney for review by that office

and a determination of what further action should be taken(or not taken) under the facts and law(s) applicable to that particular case.

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Answered on 5/03/04, 7:50 pm


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