Court Agrees: Rule Violation Not a ‘Law’ Violation

A Glenwood (Ill.) police dispatcher who was convicted of tipping off her boyfriend about drug investigations did not violate a law, the state’s Supreme Court has ruled, and therefore her conviction on official misconduct must be overturned. In 1998 Carmecita Williams, 51, made several on and off-duty telephone calls to her boyfriend, giving him information that a local drug task force was roaming his area. Police learned of the calls and began an investigation, which led to Williams’ arrest on conspiracy and official misconduct. A local court convicted Williams and sentenced her to community service and 24 months probation. But her attorney appealed, and a state appellate court agreed with William’s contention that the police department’s rules and regulations about confidentiality of information were not “laws” for which she could be convicted. Even further, the court found that Williams was not “member” of the police department as defined by the city’s municipal code, and therefore wasn’t subject to the confidentiality regulations. In the latest ruling, the Illinois Supreme Court found that the city’s regulations had not been officially enacted as ordinances, and were not included within the city clerk’s official listing of the Municipal Code. The court also determined the confidentiality regulations had not been promulgated by any legislative or elected body, but only by the police chief. Therefore, they did not meet the state’s standard as being a “law.” The Supreme Court concluded that although Williams’ conduct was “certainly troublesome and unjustifiable,” the criminal charge of official misconduct wasn’t applicable. The court also suggested that other criminal charges might have been more appropriate. Download (pdf) the appeals court decisions here.