People v. Williams
239 Ill. 2d 119
Ill.2010Background
- Williams was convicted of official misconduct and sentenced to 24 months' probation; an appeal reversed and acquitted.
- The official misconduct count alleged Williams, as a Glenwood police dispatcher, knowingly disclosed confidential information to Greg Stroud to facilitate drug dealing.
- Tapes of three calls showed Williams discussing police activity and covert details with Stroud; DiMare identified Williams on the tapes and testified the information was confidential.
- Williams admitted making the calls but claimed she did not disclose confidential information and invented details to provoke a reaction from Stroud.
- The appellate court held the Glenwood rules prohibiting disclosure were not an actual law, thus not satisfying mens rea under the statute; the State sought review in this Court.
- This Court held the confidentiality rules did not rise to the level of a 'law' under the official misconduct statute, affirming acquittal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the rules are 'laws' under the official misconduct statute | Williams | Williams | Rules not laws; no conviction |
| Whether violation of department rules can support official misconduct | State | Williams | Not sufficient without a law |
| Whether the evidence established Williams violated a law beyond internal rules | State | Williams | Insufficient to prove 'forbidden by law' |
Key Cases Cited
- Grever v. People, 222 Ill.2d 321 (2006) (requires identifiable statute or rule as the unlawful act)
- Fellhauer v. City of Geneva, 142 Ill.2d 495 (1991) (law includes statutes, rules, or professional tenets)
- Howard v. Olsen, 228 Ill.2d 428 (2008) (Constitution may serve as predicate unlawful act)
- Gray v. Illinois, 221 Ill.App.3d 677 (1991) (not all department rules constitute 'law' under official misconduct)
- People v. Bassett, 169 Ill.App.3d 232 (1988) (indictment must allege identifiable statute, rule, or professional code)