as Ken notes below, it is a SLAPP (Strategic Litigaiton to Avoid Public Participation–something prohibited under 750 ILCS 110 et seq.) and garden variety censorship by a government agency that has no interest in regulating such speech:
My question is, do we want the ARDC in the business of regulating, daily reading and censoring of attorney blogs, esp. those that point out corruption in the courts?
Do I need to put CENSORED across each of the posts I have made that somehow made CF, PS, AS, CT cry or wet their paents. (And no I’m not using initials to hide their names, it makes it easier to type and this is my blog. I like my long fingernails, but….)
So read on for more good questions from Ken.
MOTION FOR LEAVE TO FILE INTERROGATORIES
Now comes JoAnne Denison and moves for leave to serve Interrogatories and states as follows:
The Instant proceeding as by the words and phrases of the Complaint (see Motion to Dismiss complaint) in derogation of the mission of the ARDC. The ARDC complaint stripped to its core averments and denuded of its conclusions is a garden variety attempt at censorship of content based material.
The Interrogatories that are served herewith are served in good faith as an attempt to ferret out and require the ARDC to disclose if there are any facts to support their conclusions and/or that are any facts to support any allegation of wrongdoing on the part of Ms. Denison. As an example it is clearly the right of a respondent who is accused of not telling to the truth to be informed either in the pleading or in discovery as to the following facts:
1. What statement was untrue
2. Who to, when and where the statement was made and
3. The context in which the statement was made.
As the United States Supreme Court and the Illinois Supreme Court have been very clear in prohibiting content based censorship the respondent and the public have a right to be informed (and the ARDC has a duty) as to the rationalization for any deprivation of First Amendment or Article One Rights.
The underlying averment of this disciplinary proceeding is the certain people are ‘judicial officials’ (whatever that means) and that they were mis-informed. The complaint avers that the attorney authored a blog that averred that the Jurisdictional criterion for vesting the Court with the authority to appoint guardians and to regulate the liberty and property interests of a senior citizen was ignored and jurisdiction never vested. The Illinois Supreme Court provides absolute authority for the respondent attorney to address the issue as it stated:
“The court acquires jurisdiction over the allegedly disabled person by personal service upon him of a copy of the petition and summons not less than 14 days before the hearing. (Ill.Rev.Stat.1989, ch. 110½, par. 11a–10(e); see McCormick v. Blaine (1931), 345 Ill. 461, 178 N.E. 195.) It is also a jurisdictional requirement that the petitioner give notice of the time and place of the hearing by mail or in person to the nearest living relatives of the allegedly disabled person not less than 14 days before the hearing. Ill.Rev.Stat.1989, ch. 110½, par. 11a–10(f); see In re Guardianship of Sodini (1988), 172 Ill.App.3d 1055, 123 Ill.Dec. 67, 527 N.E.2d 530.” In re Estate of Steinfeld, 158 Ill. 2d 1, 13, 630 N.E.2d 801, 807 (1994)
Indeed, it may be an embarrassment to certain un-named ‘judicial officials’ and certain Judges to have been caught depriving a ‘senior citizen’ (Mary Sykes) of her Liberty, Property, Civil and Human rights for more than 3 years while the same ‘judicial officials’ have without jurisdiction fended off with sans jurisdictional intimidations, but, it is the duty of the ARDC to punish such Constitutional miscreant behavior rather than punish the messengers. Indeed, it was no long ago that Illinois was embarrassed as 15 judges were found guilty of corruption and more were otherwise embarrassed. If it is unethical and not protected conduct for an attorney to protest and/or demand an honest, complete, and comprehensive investigation of the Judicial System the he/she serves the ARDC ought to be ready, willing and able to up-front answer interrogatories concerning the facts of the Sykes case including but not limited to:
1. The statutory compliance with 755 ILCS 5/11a – 3,8,10,11, 17 and 18
2. Elder Abuse – such as the virtually total isolation of a senior citizen from her two elderly sisters, her younger daughter, her friends, her neighbors, church, garden club etc.
3. Financial exploitation exhibited by alleged very questionable proceedings involving her younger daughter (see Gloria Sykes affidavits attached to the Motion to Dismiss
4. Financial exploitation exhibited by the alleged non-inventory of Mary Sykes’ assets including Gold coins removed from a safety deposit box believed to be worth in excess of a million dollars (see Gloria Sykes affidavit).
5. Other and different events.
The letter addressed to Attorney Lea Black representing the Administrator is incorporated by reference and made part hereof as if set forth in detail. It is respectfully submitted, that as this proceeding has ‘core’ Constitutional implications and involves possible censorship, and possible criminal conduct by persons believed to be the complaining persons herein in order to achieve a fair trial JoAnne Dension respectfully submitted that the Administrator be required to furnish her with the information requested the tendered Interrogatories
Wherefore, JoAnne Denison prays for the Panel to order the Administrator to answer fully and completely the Interrogatories tendered herein.
 It is respectfully suggested that the ‘judicial officials’ whomever they might be have a fiduciary responsibility to not only the Justice System, but to Mary Sykes. The non-inventory of assets is a breach of fiduciary relationship and therefore a ‘taxable event.’ A taxable event generates ‘ordinary income’ that is taxable under both the Federal and State of Illinois revenue collection schemes and therefore, must be disclosed on tax returns. The evasion of United States Income taxes is usually a felony and the aiding and abetting of such action an ethical lapse. As under oath the affidavit of Gloria Sykes (the younger daughter) has been filed the investigation of not only the averments that Ms. Sykes makes are required to be investigated, but the possible felony by ‘judicial officials’ It would be improper and discriminatory for the messenger (JoAnne Denison) to be investigated and the alleged miscreants to be given a pass. Such is a proper, pregnant, reasonable, and necessary inquiry.