Where is Ken Ditkowsky’s Transcript? An inquiring public wants to know!

Dear Readers;

One of the things which you all know is going on is my Petition (via KKD) to the Supreme Court of Illinois asking for a supervisory order that lawyers can freely blog about corruption in the Illinois court system without interference from the ARDC which somehow finds the subject embarrassing, denigrating, that it brings “disrepute” onto the judges, lawyers and court system that engage in it with impunity.  They are permanently on the “free parking” monopoly space of the Daley center monopoly game.

All the while, the probate blogs have gone mad for years reporting story after story of corruption, theft, embezzlement, uninventoried assets–even murder and all the while looking the other way,

The chasm between the two worlds has to be the width of the average black hole in space.  The length of the Milky Way, half way to infinity.  But I digress into engineering, my first love.

I grew up believing in first amendment rights.  My mother regularly wrote the newspapers regarding any injustices she found in the world and supported them with historical information. She taught me from a very young age that slavery was wrong, equal rights for women and persons of color was right and correct, and there were many, many injustices to fight in a world of corruption and negativity.  Of course, we lived in Chicago–a regular hotbed of injustices to fight.  She was very busy, either reading or writing.  Getting published in the editorial section of the SunTimes was a highlight of her day.

And then along came Greylord and the issues in our Illinois courts were far from over.

And when I first walked into a juvenile court in Illinois and onto the 18th floor of the Daley center, I have to admit, I was quite shocked by the fact that a juvenile client I was representing was told I could not represent her because juvenile attys came “from a list.”  I provided them with US Supreme court caselaw on that and got an apology.  Then, in probate I found my first transcript either “had disappeared”, then it “was lost”, then it was “stolen”.  I asked the court reporter for the police report and all I got was silence.  I talked to the supervisor and he told me that was impossible, because they were kept safely under lock and key so that could not happen.  So I asked him for this transcript.  A few days later I got an apology, but he would not be getting back to me for some time soon–and it was already 3 months after the hearing date!  I never did get that transcript.  After a call and fax to the state’s attorney and US attorney, suddenly the case went away.  Just showed up in court one day and the judge told me she had reconsidered and all was fine.  Imagine that.

So, maybe I’m suspicious.  Atty Ditkowsky has respectfully asked the ARDC for his transcript after his infamous hearing in which I was not only dismissed from the proceeding (I believe it was a set up by Atty Stern and for blogging) and KDD assures me that at numerous times he “wrapped himself in flag” (metaphorically speaking), and provided an eloquent speech on how first amendment rights were assured the public, and even lawyers, and especially lawyers asking for an investigation where families had reported open and obvious court corruption or a wide divergence from rules of law, statues and procedure.

He assures me that he was asked the incredulous question “are you repentant for repeatedly calling for an investigation from the authorities?”  He assures me he answered “certainly not.”

As an US citizen, I want to see that transcript.  I want to publish and frame that answer.

I was once asked if I was repentant about this blog and would I stop (by a reporter).  I replied “certainly not, and I will not stop the blog or be shut up until I stop hearing (verifiable) stories of corruption in the (Illinois) court system.”  This quote (although she got it backwards at first), has been published perhaps a 100 or more times around the internet.

Just recently I asked Attys Jessica Haspel and Sharon Opryszek at the ARDC for the transcript from KDD’s September 2012 hearing.

Silence.

But they did manage to get the transcript of the disqualification of my attorney and confidant and dear friend Atty Kenneth Ditkowsky to the Supreme Court of Illinois tout d’suite! I believe it was 2 or 3 weeks.

How is it that some transcripts appear right away whereas others (this one from Sept of 2012)  the ARDC won’t reply and  doesn’t even have a speck on the horizon 6 months later?

Isn’t the ARDC embarrassed by all of this?  I mean, a continuing theme on the blog is that you have to bring your own court reporter to a probate proceeding because you can’t trust the official court reporters on the 9th floor of the Daley Center who lose, alter, destroy, disappear, claim the transcript ended at X, when you know a few minutes later Y is chock full of all sorts of stuff the court shouldn’t have done– or whatever it is they do with transcripts.  (And if the ARDC doubts me on this, I have my own story and about half a dozen more regarding this.  Oh, I know I will post all the declarations and affidavits on my blog so they can prepare yet another complaint about this alleging, once again, that I lied, and they didn’t, and they can’t be bothered to read all the affidavits and declarations on this blog).  I get that.  It’s embarrassing and inexplicable.

So here’s another greasy mud ball at the ARDC.  If you guys can manage to get the transcript of Ken’s (bogus) disqualification in my ARDC case sent off to the ARDC promptly and within 2 or 3 weeks, then just where is Ken’s transcript 6 months later.

He asked you for it.  I asked you for it for my case.  I know Ken is an eloquent speaker on human rights, civil rights, property rights, preventing the loss of these via a corrupt court system (oops! said that again).

So, the transcripts the ARDC wants get out right away (and I have to tell you and I will publish it), I don’t think this one helps their case, I do believe they have sniffed a few too many meth lab fumes or whatever they do just before they ordered and sent that one to SCOI, but the ones Ken and I want are long, long delayed.

Well, were they lost, destroyed, stolen without a police report, did you ask the court reporter to stop recording as soon as Ken spoke or what?

You guys can do this.  Explain away.  I’ve heard them all from the 9th floor.  Many probate victims have reported even more colorful tales from the 9th floor.  I would LOVE to hear the excuse.  I bet Ken’s transcript was lost, stolen, the dog ate it, the cat peed on it, the court reporter got drunk and passed out, — I don’t know. What new excuse can they come up with?

The citizens of Illinois are waiting for this one.

And sorry about the blog.  It’s one of those annoying things about the First Amendment. People just tend to publish all the stuff you just don’t want to hear, and especially when you ordered a copier with CYA, office space with CYA, a rug with CYA, a new filing system with CYA, and still, the darned stuff leaks out when people, esp. lawyers start asking questions.

And you know you want to get a gag order.  You want to silence us.  You want us to put our tail between our legs and creep away.

John Wyman called me today and read to me a blog comment where a lawyer said “good for you, I would do that, but I want to keep my (good paying job).

Well, I got some news for that lawyer.  Go take out a loan and buy a back bone.  Go get some cajones or ova or whatever it is that will get you to the side of justice and honesty.

Again, for the attorneys at the ARDC, Atty Larkin, Atty Smart and Atty Ospryszek:  DO THE RIGHT THING AND DISMISS THE COMPLAINTS AGAINST MYSELF AND KEN.

For Attorneys Stern and Farenga, DO THE RIGHT THING AND NONSUIT/DISMISS the Sykes Probate!

For Atty Sharon Rudy and Kim Timmerwilke McKenzie, DO THE RIGHT THING AND DISMISS/NONSUIT the Wyman Case!

There is no ultimate glory, laud or honor prosecuting and persecuting honest and ethical attorneys such as KDD and myself.

Quit your jobs.  Come work for and with me as we clean up the courts in Probate and Illinois.  I may be broke, I might not have food, heat or whatever, but I do what is right.  I listen to the probate victims and I promise to help them without money up front and everything based upon faith and good intentions.

JoAnne

What to know BEFORE you step into Probate court–Rules for attys and non attys alike

Dear Readers;

After all that has happened, after all of my 350+ posts warning everyone–esp. miscreant lawyers to DO THE RIGHT THING IN PROBATE and don’t act without jurisdiction, do not isolate the senior, do not allow a guardian to continue on who isolates the senior, listen to and invite family reports on the behavior of the guardian, I am still getting reports of cases where 1) seniors are thrown against their will into nursing homes and being (illegally) drugged; 2) the court is telling “interested parties” to shut up in court–even attorneys–who are trying to report that the proposed temporary guardian is an abuser and is specifically excluded from prior written directive of the ward to ever act as guardian; 3) closed court proceedings without rhyme or reason on the transcript and all sorts of other shennagins.

Rule No. 1.  Most important. Before you step into Probate Court know the Probate Act regarding disabled adults.  Read it thoroughly.  Know who and “interested party” is, who needs to be served.  Find all the adult siblings, children and parents, or if none, then next of kin.  Know who holds the POA for a senior.  If there is no POA, the relatives should get together and elect the most honest, trustworthy caring person as guardian who will carry out any advance directives.

Rule No. 2 Bring your own court reporter.  There are dozens of fully electronic, licensed court reporters who are unbiased, unbribable and will deliver you a transcript by the end of the week in any e-format you desire, fully searchable for about the same cost as the court’s “official reporter”.   Be forewarned the “official reporters” from the Daley Center often lose, alter, stop reporting, etc. transcripts.  I have dozens of stories of this, one for me for sure, so don’t go there.  Hire an outside court reporter.  If nothing else, it puts a chill on nonsense in the courtroom, even if she never records a single word–you need to know that just by her being there she has done a great job to get you a fair and just agreed order that day and her sitting fee of $125 can save you millions of an entire estate in the end.  Don’t skimp on this step.

Rule No. 3.  Be prepared to argue the constitution and against closed proceedings and doctor’s reports.  Be aware that Dr. Rabin and Dr. Amdur and other “recommended docs from the court list”  declare everyone incompetent.  Get your own work up write up whatever.  Don’t let the senior be drugged with strong psychotropic drugs.  It’s illegal and none are approved by the FDA for those over age 60 (or teenagers).  Threaten to report the doc if you must, but there is a legal procedure for giving a person psychotropic drugs that must be strictly followed (In Re Tiffany). Be sure to read this case and follow the mandate re psychotropic drugs if you are GAL or PG and doing this.

Rule No. 4 Expect anything in Probate, from closed proceedings, to having a case with a large estate being called last after everyone is gone so the judge can arrange a slew of “friends” to ensure the senior is declared disabled, that a $500 to $600 per hour atty is involved, that you, even as an “interested party” will not be allowed to speak about something important including abuse, isolation and drugging,  etc.

Rule No. 5 If a guardian has been appointed, make sure there is a summons, petition, affidavit of service and Sodini notices to the adult siblings, children and parents of the disabled 14 days in advance of the hearing, notifying the interested parties of the time, date and place of hearing.

Rule 5.  If you weren’t allowed to speak in court, file a “Bystander’s Report” together with a “Report to the Court and GAL” detailing your knowledge of who is an abuser and who should not become guardian.  Detail what you know about the Ward’s written advance directives and demand the court follow that, as provided for by the Probate Act.  Do not let abusers become guardians.

All of this is based upon my story from yesterday.  After 350+ posts on this blog, which I know the GAL’s read, the judges read, etc.  IT IS STILL HAPPENING

From an atty yesterday, one of my favorite court rooms: 1) closed proceedings without notice or reason; 2) the POA holder’s atty was told to “shut up” and not speak; 3) the case involved a lot of money (est. $10 million in property plus a mansion).  4) the ward was put in a nursing home by an out of state son for having a messy, cluttered home (anyone hear of a cleaning lady); 5) the ward is being drugged and is acting like a zombie; 5) she has been put in a nursing home against her will (this is a continuing theme in these cases); 6) she has stated in writing her abusive son is not to be made guardian, but the court did just that yesterday; 7) the court tied in doc said she is “incompetent” after a 5 minute conversation where at the start he told her 5 important words, and then at the end of the conversation she could not recall all of them, so she is incompetent; 8) proceedings were closed where the judge would only talk to the “tied in” attys and GAL and abusive son.

Don’t be shocked in Probate.  Never be shocked.  Be prepared to argue, present and preserve what happens.  Bring a court reporter.  Demand everything be on the record.  No closed proceedings, no closed doors.  If the GAL’s come from the “judge’s area” which was prohibited by court order after Greylord–report them to the ARDC.

Corruption in probate has to stop, and this starts with concerns by everyone.  Let the court know via a Bystander’s Report and Report to the Court and GAL.  Let the ARDC and JIB (Judicial Inquiry Board) know via a written complaint.  If there is a theft, conversion, embezzlement–put it in your Report to the Court AND report it to the authorities–the local police, the State’s atty, the FBI and don’t stop complaining until there is a thorough, complete and honest investigation.

If the court won’t let you speak, contact me and I’ll publish what you have to say on this blog.  The disabled have rights also, and the public needs to know and be forewarned.  If you don’t get justice in court, I will give you a forum to demand justice via this blog.

Some have asked me when the blog will stop.  I always respond, when the corruption has ended and I get no further reports of it.

So far, no such luck.

Joanne

Another Letter ignoring the US Constitution from the ARDC and our response

Dear Readers;

While I think you all know that in the US we have the right to association, the right to have people draft up letters and emails for us, and the right to associate with them, the control freak attitude of the ARDC does not acknowledge those rights.

For those of you that forgot your US history, it was commonplace in the colonies for the British to sue people, throw them in prison, take away rights and liberties–all without due process of law.  They would also impose gag orders and orders against associating with rebels who would organize citizen protests.

All of that was simply disposed of with the drafting and implementation of the US Constitution in 1790 and more recently enforced by the Illinois Consitution.

Apparently the ARDC has not read these plainly worded doucments.  See the incredulous letter I recently received and my/our response to it.  Yes, I still talk with, email and associate with KDD even though the ARDC wrongfully disqualified him as my counsel.  I can do this because the US Constitution says that I can.

Note how our Constitutional rights, when understood protect our basic human and civil rights.  These are not mere writings on an ancient piece of paper but they serve us well even today — and even against such august and venerable attorneys that spend their work hours at the ARDC.

Once again, KDD and I are calling for honest, ethical and complete investigations of the Sykes, Gore, Tyler, Bedin, Wyman, Spera cases and that charges by the ARDC brought against us only to protect the honeypot of Probate be dropped.

Letter from the ARDC Mar 17, 2013

My/our Response to Mar 20, 2013 Letter

see the letters below also.

JoAnne

(I apologize if the OCR isn’t perfect, but the ARDC rejects modern emails for some reason)

ATTORNEY REG ISTRATION AND DISCIPLINARY COMMISSION
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One PrudclIliall’ laza
1′>0 1′:”sI Ralldolph ilri ve. Suite 1500
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Fax () 12) S(J5 ·m o
JoAnne Marie Denison
Denison & Associates
1512 N. Fremont Street, Suite 202
Chicago, Illinois 60642
Dear Ms. Denison:
SUPREME COURT OF ILLINOIS
http://www.iardc.org
Chicago
March 20, 2013
Re: JoAnne Marie Denison
Commission No. 20 13PROOOO I
🙂 161 \X’est IX·ilite Oaks Drive, Suite :)01
SprinKlieid. IL 62704
(2 17) 546· .)52) (800) 252· 8048
Fax (2 17) 546·)785
As you are aware, on February 22,2013, the Chair entered an order disqualifying Mr. Ditkowsky from representing you in the above-captioned manner. Pursuant to the Chair’s order, Mr. Ditkowsky is not currently authorized to act as your attorney in Commission No. 2013 PROOOO I. I note this in this letter because we have received correspondence from Mr. Ditkowsky related to this matter since February 22, 2013, and you have sent us e-mails which have included Mr. Ditkowsky. As Ms. Haspel advised you in her letter of February 5, 2013, we have not consented to service of pleadings via e-mail. Similarly, we have not consented to correspondence via e-mail and will not respond
to e-mail cOITespondence. Please send any and all correspondence related to Commission No. 2013PROOOOI to my attention at the address listed above or via facsimile to (312) 565-2320. 1 will make every eff0l1 to promptly reply to correspondence related to the matter at hand. However, please be advised that no response will be f0l1hcoming as to questions unrelated to Commission No. 20 13PROOOO I.
On February 26, 2013 , you wrote in an e-mail that “1 have some questions about the case and I was wondering if you all might have some time to answer my questions.” You subsequently wrote, “I was w0Doering when you will he sble to ?nswer I’1″)Y priol’ ern2 😉 feg?rdiof’ ;J. time to talk and answer questions regarding my case[ … ]” and, “I’m also looking forward to a little chat about this case with you ladies
soon, so Jet me know when we can do a little coffee or tea talk.” On March 4, 2013, at approximately 1:56 p.m., I placed a call to the telephone number listed as your registered business number, (312) 553-1300, and left a voicemail message inviting you to contact me regarding Commission No. 2013 PROOOO ITo date; I have not received a return call from you . On February 28, 2013 , you asked whether the Commission requires your compliance with the Illinois Rules of Civil Procedure in any fiied pleadings. Please note that I cannot provide you with any legal advice related to this matter. You may wish to review the Commission Rules and Illinois Code of Civil Procedure to insure your pleadings comply with the Rules. AI1icie IV of the Rules of the Attorney Registration and Disciplinary Commission outlines the Commission rules related to the matter before the
Hearing Board. You may also wish to review Commission Rule 251 (a) which relates to discovery and states, in part, “Except as provided herein, discovery practice shall be in accordance with the Code of Civil Procedure and the Rules of the Supreme Court.” Pleadings filed in attorney disciplinary proceedings must comply with Commission rules as well as the Illinois Rules of Civil Procedure.
Finally, please be advised that any request for investigation of an attorney should be
made, in writing, by mailing the request to either the Chicago or Springfield office of the ARDC.
The Commission does not accept requests for investigations submitted via e-mail. Please consult the Commission’s website: http://www.iardc.org for instructions on how to submit a request for investigation. Please note that requests for an investigation of an attorney should not be sent directly to my, or Ms. Haspel ‘ s, attention.
Thank you for your anticipated cooperation.
SDO:dnm

Very truly yours,

Sharon D. Opryszek
Litigation Counsel

I apologize for the poor formatting, but if SO wants to email me correct formatting, I will update this post.

Now for my reponse:

FAX TRANSMITTAL SHEET
To: Atty Sharon Opryszek;
Atty Jerome Larkin, Director; Atty Jessica Haspel, ARDC,
Fax No. 312-565-2320    From:                      Admitted Ill., N.  Carolina and Patent Bars
JoAnne M. Denison, Pat.      Atty.  Reg.  No.  34,150
DENISON & ASSOCS., PC    FAX 312-553-1307
1512 N Fremont St, #202    CELL PH 773-255-7608
CHICAGO, IL 60642    PHONE 312-553-1300
JoAnne@DenisonLaw.com  or WWW.DenisonLaw.COM
Federal Patents, Trademarks & Copyrights
Yusuf Naqvi, of counsel
Important Notice
This facsimilie message contains attorney privileged and confidential information intended only for the use of the individual or entity named above.  If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited.  If you have received this communication in error, please notify us immediately by telephone, collect, and return the original message to the above address.  You will be reimbursed.  Your cooperation is immensely appreciated.
For transmission problems, please call 312-335-1300
A confirmation copy       WILL   ✔   will NOT be sent.
Pages in fax, including this coversheet – ( 9  )
March 22, 2013

Re:    Complaints against KDD and myself, and the Sykes, Gore, Tyler and Wyman Complaints

Dear Attys Larkin, Opryczek and Haspel;

This is in response to your recent letter I received in the snail mail late yesterday.

Let me set the record straight for you.    As a citizen I have the right to the attorney of my choice.    Because of your ethically challenged and the improper actions initiated by you, Ken and I have been wrongfully forced to petition the Supreme Court of Illinois for a supervisory order.     Mr. Ditkowsky is my attorney and my friend and confidant in relation to the matter before the Supreme Court of Illinois.  If I want to call him, email him, visit with him, have lunch with him–that is my right and his right also.  It’s in the US constitution, if you have not read it recently, it was a fine document carefully drafted to alleviate the long sufferings of people under the highly oppressive monarchy of England.  These drafters knew their oppressors and how they rip apart society causing great harm and suffering to a land of people without rights.  We no longer have court in the US that are secret courts, secret off with your head courts, gag orders preventing us from disclosing certain topics, restraining orders preventing our association with other honest citizens to fight an oppressive government in a civilized orderly manner.  Because if we do not have those rights, society otherwise deteriorates into civil war and lawlessness.

Telling me that I adopt KDD’s writings, that I include him in correspondence and my cc’s and insisting that I not associate with him smacks of over reaching and restraints not imposed by our venerable US and Illinois constitutions.  It’s bullying, pure and simple.

Even if KDD is disqualified, all that means is that he cannot appear in court and speak for me (he can be my friend in the galley and watch), he can in fact write for me, but I have to sign the pleading when filed and review it.  He cannot speak to you on my behalf.  But if I adopt and approve of his writings, I can then send them to you.  The reality of the situation is, he does more to help the ARDC understand and appreciate the law than any of you and the other ARDC attorneys combined.

This morning Mr. Ditkowsky drafted and sent to the ARDC a Himmel complaint in which you all are the attorneys who are referred to for discipline.    The reason that you all are involved is the fact that pursuant to Rule 137 prior to bringing the disciplinary action against me the attorney for the ARDC was  required to do some kind of investigation.    It is has been called to your attention that the Probate Division had no jurisdiction in the Sykes and therefore the assertions made against me were totally meritless.    The statement that I made any untrue averment was totally false and a direct violation of Rule 137 and a demonstration of your ethically challenged behavior.     Indeed, if you had done a scintilla of due diligence you would have discovered that 1) you are intentionally violating not only my First Amendment Rights, but 2) my fifth, sixth and 14th Amendment Rights as well.  The Federal Constitution plainly and directly prohibits the action that you are prosecuting.

All that aside, even if the ARDC has jurisdiction the averments made against me are not sustainable and without merit and you either know or should know that fact.   Ergo, this morning Mr. Ditkowsky filed a Himmel complaint against you all and forwarded to the Administrator a disk that reproduced by scanning  the first four volumes of the Sykes common law record.     The record clearly demonstrates that the Supreme Court and Legislative jurisdictional  mandate are being continuously ignored by you.      I respect you, and therefore I am sending you the FRCP 11 ‘safe harbor’ letter demanding that you immediately dismiss the meritless proceedings filed against me.     (Mr. Ditkowsky is not so generous – he is requesting that the United States of America investigate and prosecute those persons who have violated my civil rights, Mary Sykes’ civil rights, Gloria Sykes’ civil rights and the Civil Rights of all persons similarly situated–including Josephine DePietro and Yolanda and Kathie Bakken who are continuously and vigorously being isolated from a family member they held dear and visited frequently and called on a near daily basis).

Please be advised that the fact that you are an attorney employed by the State of Illinois as part of the ARDC staff does not insulate you from your responsibilities as a lawyer and as an officer of the court.   The pending petition is not privileged as you and the Administrator are both aware that there was no delegation under American law to you or the ARDC to regulate my First Amendment Rights.    Indeed in the New York Times vs. Sullivan case the specific prohibition is clearly stated.     In the recent Alvarez and Brown cases the prohibition is reiterated and in Hunter  the Virginia Supreme Court explains very clearly that ‘content’ based speech is protected.     Let me make it very clear – this is not a ‘game’ and the stakes are very high.    Mary Sykes has had her Constitutional Rights, civil rights, property rights and human rights taken from her by the Attorneys who have promulgated these complaints against me that the ARDC is pursing.   The attempt to silence me is certainly not authorized by any delegation to the ARDC and clearly a violation of 42 USCA § 1983.    I call upon you as an alleged ethical and honest  attorney to comply with your oath taken when you were sworn in as an attorney and your responsibilities inherent to your role as an attorney and DO THE RIGHT THING.  Dismiss the ARDC actions against KDD and myself and conduct a complete, thorough and honest investigation of all miscreants involved in jurisdictionless proceedings in Probate–Sykes, Wyman, Taylor, Gore.  Conduct a thorough investigation as to why Atty Sharon Rudy swiped $150,000 from join accounts held in the names of both Dominick Spera and his mother, leaving Dominic on the streets for over a year–sleeping in the park and on the streets of Rockford, eating out of trash cans, all the while SRR swiped $150,000 with impunity and unnoticed out of joint accounts by the GAL Peter Savitsky or Judge Fabiano.  How does this happen in the US?  A relatively well off gentleman is rendered homeless and penniless by the Rockford Probate Court system.  I just pointed this out to Atty SRR and got him $5,000 “until next month” when she has all the facts and records. Disgusting.

You challenge myself and KDD with lying, yet all I have found in the Probate system when people complain via my blog is just what is stated, uninvestigated garden variety theft, embezzlement, conversion, (elder financial exploitation) isolation (elder abuse), lack of jurisdiction–all attorneys acting badly and judges acting badly and corruption.  A clear deviation from the laws, cases, thoughts and opinions that is in any sense of the concept of justice.

The Probate system is so utterly devoid of justice in some cases, I have people “secretly” calling me with verified inventories in the hundred of thousands, homes sold, forced nursing home placements, they escape and live in boarding and rooming houses, hiding from the Probate court.  They call me and engage in complicated, lucid thoughts clearly establishing competency.  They talk of stories of court sanctioned murder plots.  Of course, I would never believe them EXCEPT FOR THE FACT, I have found instances of court sanctioned murder.  Forced nursing home placements, slapping DNR’s and holding people down to inject them with strong psychotropic drugs so they start and dehydrate, plus the sales of expensive homes–all to go to probate atty and tied in servicing fees.

You might think you can shut these people up and their relatives, but you cannot.  There is the internet and they post not just on my blog but a myriad of other long established blogs.  I bring no disrepute to the legal profession with my blog because all of the miscreants I have mentioned have been long and well established as “miscreants” on other probate blog sites. The difference is, I can help explain court procedures and methods to people who really need this advice and cannot afford it.

I hope you will consider all of this seriously and get some relief for these probate victims.

Quit you job and work for me.  You will not have money or insurance, but you will have ethics and a great sense of self esteem.  Saving the world is the highest calling anyone can undertake.

Working at the ARDC and being told to prosecute and persecute honest attorneys is no way to live.  It only ends in abject misery.

Sincerely

JoAnne Denison

JoAnne Denison

cc: I will also deliver to you soon paper copies of everything because you insist on killing trees and putting as large a footprint as you can on the environment.  However, please be aware, if I email or fax you THAT IS ONLY CC SERVICE to ensure you get the papers I mail or deliver.  IT IS NOT THE ACTUAL SERVICE.

I will continue to deliver/mail service you with cc’s via fax and email.

So please do not write me and tell me I am serving you by email/fax.  That is only your cc.  You WILL get everything on paper and just let me know if you don’t get it and I will resend over more paper.

From KDD and myself–a letter to the ARDC to supplement our evidentiary files on Harris case

FAX TRANSMITTAL SHEET

To: Atty Jerome Larkin,
Administrator
ARDC,
Fax No. 312-565-2320    From:                      Admitted Ill., N.  Carolina and Patent Bars
JoAnne M. Denison, Pat.      Atty.  Reg.  No.  34,150
DENISON & ASSOCS., PC    FAX 312-553-1307
1512 N. Fremont St, #202    CELL PH 773-255-7608
CHICAGO, IL 60642    PHONE 312-553-1300
JoAnne@DenisonLaw.com  or WWW.DenisonLaw.COM
Yusuf Naqvi, of counsel, associate
Federal Patents, Trademarks & Copyrights
Important Notice
This facsimilie message contains attorney privileged and confidential information intended only for the use of the individual or entity named above.  If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited.  If you have received this communication in error, please notify us immediately by telephone, collect, and return the original message to the above address.  You will be reimbursed.  Your cooperation is immensely appreciated.
For transmission problems, please call 312-335-1300
A confirmation copy       WILL   ✔   will NOT be sent.
Pages in fax, including this coversheet – ( see header  )
March 21, 2013

Re:     Your Complaints against atty Ken Ditkowsky and Joanne Denison merely for reporting corruption in Probate court and blogging about Illinois Court corruption
Dear Atty Larkin;

Memorandum to ILLINOIS ARDC

To:  Mr. Jerome Larkin, Administrator

From:   Kenneth Ditkowsky

Subject:   Evidence of Misconduct by ‘Judicial Officials and Staff of the ARDC

Dear Mr. Larkin,

This was written by Atty Ditkowsky and I agree with it and am adopting it. Please put it in my “evidentiary record.”

Pursuant to my Himmel obligation, I have written many times to the ARDC concerning the Mary Sykes case and detailed the fact that the Illinois Legislature has promulgated a legislative scheme to protect senior citizens such as Mary Sykes from being exploited and abuse.    The System if implemented protects the ‘due process’ rights of allegedly disabled persons and most important prevents exactly what has happened not only in the Sykes case, but in a large number of similar matters.

Unfortunately, the citizen complaints concerning the nefarious Financial Exploitation of seniors and persons alleged to be disabled has fallen on deaf ears.     One excuse or another has been promulgated to thwart any investigation.    Lawyer complaints have fallen into the pattern of ARDC staff making a false allegation that the complaints written the lawyers are false and in my situation and in the situation of JoAnne Denison disciplinary cases have been filed.     What is frustrating is the fact that the only frugality with the truth emanates from the Staff of the ARDC who apparently refused to make even a casual investigation of the Court File in Sykes.     Had they done so they also would have asked the question:  “How could this happen in the United States of America.”

As I stated supra,  Illinois has a Legislative formula for preventing the ‘railroading’ of seniors into the loss of their liberty by inappropriate guardianships.      Illinois recognizes that providing notice to a person who has not mental capacity (permanent or temporary) is a sham and a fraud.   Ergo, the Legislature in its wisdom provided a jurisdictional criterion of notification of ‘close and/or near’ relatives.     The Supreme Court of Illinois explained:

“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)[1]

There is a second phase to this situation.    Section 17 and Section 18 set forth a criterion that limits the ability of the guardian (or guardian ad litem) to dominate the ‘ward.’    This aspect of the Act has been totally ignored by many appointed guardians and in many instances by the Judges themselves.     This has allowed situations to occur such as Mr. and Mrs. Cooper have complained, to wit:  A 1.5 million dollar estate reduced to zero.    Mr. and Mrs. Cooper and others have in vain cried for help from the ARDC in attempting to obtain a remedy concerning the alleged avarice etc. of Miriam Solo.    Ms. Gloria Sykes and her two aunts have cried out concerning the non-inventory or valuables including approximately a million dollars in gold coins belonging to the Mary Sykes’ estate.   Mr. Scott Evans has written to the ARDC concerning the non-reporting of deplorable conditions he witnessed Mary Sykes subjected to by “court officials” appointed by a Court lacking jurisdiction.    The list is endless.     The Evidence Deposition of a Judge administrating the Mary Sykes estate is an eye-opener.

The mission of the ARDC is to protect the public.     It is respectfully suggested that this mission has been abandoned and instead has been amended to protect the interests of the few guardian ad litem and certain attorneys.   In the Sykes case attorneys Cynthia Farenga, Adam Stern, and Peter Schmiedel appear to be protected persons as the Common Law Record is clear that the legislative mandate has been ignored, yet, these lawyers have proceeded to use the Probate Division as a weapon against not only the relatives and friends of Mary Sykes (and especially Gloria Sykes) but as a vehicle to fend off lawyers who are appalled by the public Spector of a 90 year old senior citizen being openly and notorious deprived of her liberty and property.

In the Sykes case it is of record that Stern, Farenga and Schmiedel, knowing there was no jurisdiction over me by the Probate Divisions prosecuted a Rule 137 sanction motion against me.    The Appellate court reversed the sanction.      Ms. Denison was disqualified on the suggestion that she notarized a document.     Ms. Sykes reports that just about every lawyer that she engaged was scared off by a threat.      The record in Sykes reveals that the threats (even though no jurisdiction has been had) were real.

Enclosed please find a disk.      We have scanned the first four volumes of the Common Law Record of the Sykes case prepared by the Circuit Court of Cook County Clerk.     A copy is being forwarded to you for three purposes:

1.      To provide you with evidence that the Disciplinary Complaints filed in your name by your staff in which it is alleged that Ms. Denison and I are accused of being untruth is in fact an untrue statement that your staff knew or should have known was untrue.    (Yes this is an ethical complaint against the Staff of the ARDC).

2.      To supplement the Citizen complaints filed against Farenga, Stern, Schmiedel that were summarily ignored.     The 14 volume record in Sykes has been filed with the Appellate Court of Illinois by Ms. Gloria Sykes.    In particular,  these scanned copies of the first four volumes memorialize the fact that the 755 ILCS 5/11 – 10(f) 14 day jurisdictional notices were never served.     This is proven by the fact that the record contains no affidavits of service, certificates of service, return of service on Gloria Sykes or her two aunts.     Thus, the affidavits of Gloria Sykes and others filed with the ARDC are un-contested and are true.    The allegations made in your name are false, deceptive, and *****.     The ARDC in light of the gross violations of Civil Rights of Mary Sykes, Gloria Sykes, Yolanda Bakken, JoAnne Denison et al in not investigating these allegations is abusing its position.    More seriously it is respectfully suggested aiding and abetting the actions of certain lawyers in the parochial deprivation of senior citizen Rights, Privileges and immunities.      Simply and bluntly put – aiding and abetting criminal activity.

3.      To make certain that these four volumes do not disappear and when Law Enforcement requires copies there will be a copy available to assist the prosecution of the miscreants.

I take my First Amendment Rights very seriously.     I did not appreciate being asked at the hearing on my alleged ethical deficiency in complaining about the matters contained in this letter if I was repentant for my writing the United States Attorney a complaint concerning this Mary Sykes matter.    As you can observe, I am not.     With the information contained on the Disk that is enclosed there is now no excuse for the ARDC to continue to defame both Ms. Denison and me with the allegation that our averment that Mary Sykes’ deprivation of liberty and property by a Court is in any way not true.

You have in your hand as you read this letter the evidence that the statements that both Ms. Denison and I have made are true.    You have in your hand the evidence that certain “judicial officials” were knowingly appointed by a Court lacking jurisdiction and they have acted in derogation (under color of law) of the Civil Rights of Mary Sykes and Gloria Sykes.  42 USCA 1983.

Kenneth Ditkowsky

AND joined in by JoAnne Denison /esignature/

[1] It is interesting and ‘telling’ to note that the Illinois ARDC is silent as to the Illinois Supreme Court statement in Steinfeld and the Appellate Court in Sodini.  It is axiomatic that even in the adversary situation lawyers, like ethical members of the public, are required to inform a “trier of fact” of significant adverse precedent.  As the Court record in Sykes has absent from the evidence that the Sodini 14 day notices were appropriately served on the nearest (closest) relatives of Mary Sykes and it appears in violation of 11a -8 that two of the four persons entitled to notification are not disclosed, and all three of the persons entitled to notices claim not to have been served with the 14 day notices it would seem that this oversight by the ARDC is an ethical violation of the Canons of Professional Conduct 8.4.

PS–you will note that Ken has not mentioned the John Howard Wyman case, which is currently up on appeal and he is equally furious that nothing has been done by the ARDC regarding the likes of your venerable, august, and highly protected Atty Sharon Rudy and Atty Kim Timmerwilke.

Once again, you protect the attorneys that lie, cheat and steal, but you go after the attorneys that while not mandatory reporters, take the directions to report when ever possible seriously and as a part of their duties as officers of the court.

Elder abuse and financial exploitation should and MUST be reported by attorneys who are opposing counsel and pursuant to their Himmel duties.  The King v. Harris case is not dicta to be ignored but is the mandate as passed down by the Illinois Court of Appeals, first district.

Ken Ditkowsky
http://www.ditkowskylawoffice.com

Very Truly Yours,

/esignature/JoAnneMDenison/
JoAnne M. Denison

cc: Ken Ditkowsky, via email
http://www.marygsykes.com

A reminder to Miscreant Attorneys–your pleadings DO have limits

According to the recent decision of the First District Court of Appeals

Attorneys are NOT supposed to be filing utterly groundless proceedings that have no basis in merit or fact. Now that the Record on Appeal has been published on this blog and it clearly shows no jurisdiction to each of the attorneys at the trial court level–Cynthia Farenga, Adam Stern, Peter Schmeidel, Deborah Jo Sohleig AND the attys at the ARDC–Jerome Larkin, Sharon Opryszek and Jessica Haspel NOW HAVE THE DUTY TO DO THE RIGHT THING.  The attorneys involved must ask for a dismissal. The ARDC must investigate fully, completely and honestly these attorneys. The ARDC must dismiss complaints against myself and Ken merely for calling for an investigation. We might not be mandatory reporters, but if the ARDC keeps up its antics, even the Illinois State Legislature won’t put up with this sorry state of affairs against the mentally infirm and disabled.

See below:

King v. Harris, 2013 IL App (1st) 120316-U (01-23-13)

Appeal from the Circuit Court of Cook County
No. 11 OP 72205 Honorable Patrice Ball-Reed, Judge Presiding

Petitioner-appellee Reava King filed a petition for a stalking no contact order against
respondent-appellant Jason Harris. Shortly after taking petitioner’s deposition in connection with the petition, respondent moved for summary judgment, which was granted.Respondent then moved for sanctions against petitioner’s counsel pursuant to Illinois Supreme Court Rule 137, 1-12-0316 arguing that opposing counsel pursued this petition despite knowing it had no factual basis. The circuit court denied the motion for sanctions, and respondent now appeals.
Petitioner and respondent first became acquainted when petitioner’s house suffered a fire
in January 2009. Respondent, who operates as a public adjuster and general contractor as well as an attorney, offered to adjust petitioner’s insurance claim and oversee the rehabilitation of her house. Petitioner agreed, but the parties’ relationship deteriorated after work had gone on for one year. On or about November 2010, petitioner brought suit against respondent in the Law Division of the Circuit Court of Cook County, alleging that despite her payments to respondent, the work had not been completed. In response, respondent filed a mechanics lien suit against petitioner in the Chancery Division of the Circuit Court of Cook County.
¶ 4 While both causes of action were being litigated, in April 2011, petitioner filed a pro
se petition for a stalking no contact order against respondent. Her petition alleged a single
incident of stalking in December 2010 when, according to petitioner, respondent drove to her residence and asked to speak with her. Petitioner’s pro se emergency motion for no contact based upon this petition was denied on May 2, 2011, and the matter was continued for status and discovery. In his motion, respondent argued that Pollack improperly pursued the petition for a no contact order despite knowing it was both untrue and legally insufficient. The circuit court denied the motion on January 5, 2012, ruling that 31-12-0316 Pollack had an obligation to continue litigating the petition so long as his client wished to move forward. Respondent timely filed this appeal.
In the case sub judice, the circuit court, in denying respondent’s motion for sanctions, erroneously held that Pollack was obligated to continue pursuing the petition where petitioner directed him to do so. Specifically, the court stated:
“I do not believe that Mr. Pollack instigated this. *** This petition was
filed by Ms. King. Counsel came in subsequently; and if Ms. King wished to go
forward, as his client that was his obligation to go forward, Counsel. If she chose
not to step away, then he had the obligation to go forward in this matter.
*** I do not believe that Mr. Pollack has in any form or fashion attempted to
cause vexatious acts or false proceedings. He proceeded on behalf of Ms. King
because she chose to go forward. *** I’m not going to grant your motion for 137.”
(Emphases added.) This is not the law. Rather, it has long been held that an attorney has a “professional duty to promptly dismiss a baseless lawsuit, even over the objections of his client, when the attorney learns that the client has no case.” Cmarko v. Fisher, 208 Ill. App. 3d 440, 446 (1990) (emphasis added); see also Walsh v. Capital Engineering and Manufacturing Co., 312 Ill. App. 3d 910, 916 (2000) (holding that an attorney may not avoid Rule 137 sanctions by pleading that he was merely following his client’s directions). The court’s comments make clear that it did not apply
this rule of law and instead premised its decision to deny sanctions on the mistaken belief that an attorney is bound by the whims of his client when determining whether to pursue litigation. “Based upon what [King] testified to in the deposition, she could have – clearly could not have proceeded with the case or proven that Mr. Harris had stalked or harassed her in any form or fashion, so, I granted the motion for summary judgment and that should have ended it right there because the case was resolved.”
Respondent maintains this is evidence of the court’s belief that continuing to proceed with the case after the deposition would have been sanctionable were it not for the fact that Pollack was following his client’s directions. We do not agree that this conclusion necessarily follows from the court’s statement.
¶ 15 Accordingly, we remand to the circuit court with directions to consider whether, at any time after Pollack agreed to represent petitioner, a reasonable investigation would have revealed that the petition was factually or legally baseless. If so, sanctions against Pollack for continuing to pursue the litigation are appropriate. Importantly, this is an objective inquiry; an attorney’s subjective honest belief that the case has merit is insufficient. See Fremarek v. John Hancock Mutual Life Insurance Co., 272 Ill. App. 3d 1067, 1074-75 (1995).

ONCE AGAIN, KEN AND I ARE REMINDING THE MISCREANT ATTYS IN THE PROBATE CASE TO DO THE RIGHT THING AND DISMISS THIS LAWSUIT.  I have just published the ROA and now you know the First District Appellate Court of Illinois will soon know you had no jurisdiction.

WE ARE ALSO CALLING UPON THE ARDC TO INVESTIGATE ITSELF.  How does this case get to such high levels and THE MISCREANTS ARE GIVEN THE “GET OUT OF JAIL CARD” on the Monopoly board of Probate while honest attys like KDD and myself who report wrongful activities repeatedly to the US AND STATE’S ATTORNEYS are being prosecuted instead.  Myself for publishing this blog.  Ken for attempting to find out where Mary Sykes’ gold coins went and why a million dollars of assets were not inventoried, a concerned note to her beloved Dr. Patel and emails which were published on this blog warning LAW ENFORCEMENT to investigate.

How does this happen in the US that numerous probate cases are running without jurisdiction for years, seniors tossed in nursing homes against their will, their homes liened and assets drained and YET THERE IS NO INVESTIGATION.

What happened in King vs. Harris that the appellate court warned about sanctions for attys filing groundless cases and pleadings.  This was apparently a one time shot against Defendant Harris, BUT THESE PROBATE CASES drag on for years and years, terrorizing families and ripping them apart.

I have a lot of good questions for the Illinois Probate Court and the ARDC, but as of yet, no good answers.

joanne

PS — and I have one more tidbit of information for you all.  About a year ago when I first received Cynthia Farenga’s complaint, I asked Atty Leah Black at the ARDC about emailing her questions.  After all, discipline of attys is NOT supposed to be adversarial, but informational and guiding so we always do the right and ethical thing. She told me that I have to send my questions by fax or snail mail until the complaint is filed, and she would respond by snail mail when she had time because pre-complaint inquiries are not a priority. So now the complaint against me is filed.  We are in active litigation.  I have emailed Sharon Opryszek and Jessica Haspel numerous times about my questions and I get no emails back. Oh, sometimes I get those “I’m out of the office and will respond in X days.” But nothing. I wonder why?  Oh, that’s another question that I bet will go unanswered. Ciao.

And the House of Cards Continues to Crumble and Blow away While the ARDC fiddles….

Dear Readers;

We all know that there comes a day when the stuff hits the fan.  With civil servants and attorneys coming “from the list”, the only question is, who will be the scape goat? Who will take the fall?

At some point the ARDC ladies will have to be faced with the fact KDD and I are telling the truth, the Sykes case is a corruption and aberration of justice beyond anyone’s belief, and their complaints against us are about the most bogus of all pleadings we have both see come out of the typewriters (KDD is that old, I’m not), and CPU’s of lawyers we have ever seen in our combined 75 years of practice.

So, see below, the evidence is now insurmountable and irrefutable.  By the TRIAL COURT’S OWN RECORDS, by the RECORDS OF THE COURT OF APPEALS–SYKES HAS NO JURISDICTION.

NEW!  Links to the Sykes Case Record on Appeal–the entire record which shows

1)  There was no proper Summons and Petition and Notice of Hearing on the Petition served upon Mary G Sykes 14 days prior to the hearing.  I challenge anyone to find this and the Afft of service from the process server, whether it was the sheriff or a special process server; and

2)  No Notice of Hearing to the younger daughter daughter GJS nor the elderly sisters Yolanda and Josephine!

The links:

File 1, Vol 4 a p 751 to 814

https://docs.google.com/file/d/1jvLWwBbUZKmnW4m048F-XAfw_cZ7SJUCAikqyuUyp8abUG0EcxIiNQcXK60B/edit?usp=sharing

File 2, Vol 1 b p 122 to 250

https://docs.google.com/file/d/1U4TJOaU26Dc7cT2z3nPzDjt9ib4mJYh59SAZc_xIZNcMUY_yTr82PzsFpduz/edit?usp=sharing

File 3 Vol 1a-2 p 57 to 121

https://docs.google.com/file/d/1DFWESuOe5s626PTVBSbFbcoTrNcZoeevpk7ByH8GjG4AZDEiX1OTw52bN6vo/edit?usp=sharing

File 4 Vol 1a-1 p1 to 56 MOST IMPORTANT – NO SERVICE ON MARY OR ADULT DAUGHTER OR SIBLINGS!

https://docs.google.com/file/d/1JP63zzNH93OBW-And1VGpyFL03Nh8x7UeL3FQZa6-PVeQQUADuQ3x6KOqMjM/edit?usp=sharing

File 5 Vol 4a-2 p815 to 885

https://docs.google.com/file/d/14xtaXNXByM9NpMu1i1Mc1PskiTMIU1HKRjqi6bpdc0U0n-kuLsQ0x7uIPe1w/edit?usp=sharing

File 6 Vol 4b p886 to 1000

https://docs.google.com/file/d/1-Tb8AqZapJmsic0yd4VkmPCBbedBeRDJtWnl_FkgcT3hkR-fW7LR1UT3l6Po/edit?usp=sharing

File 7 Vol 3b p 625 to 750

https://docs.google.com/file/d/1MnC0CCM5daEerj1k-NoakYwL4P1P5Gw_dGGdaJYBw_HEX8uXSBjtDAhzYrkx/edit?usp=sharing

File 8 Vol 2b p 376 to 500

https://docs.google.com/file/d/16QJHlKZjawgKxpxzgmp9rqsUjQnqfXs29UzEc1dbET5j8oD52y6kwLl6lSeK/edit?usp=sharing

https://docs.google.com/file/d/1-Tb8AqZapJmsic0yd4VkmPCBbedBeRDJtWnl_FkgcT3hkR-fW7LR1UT3l6Po/edit?usp=sharing

 

From John Wyman – His Letter to the ARDC venting his frustrations for lack of an investigation

To the ARDC

You don’t know me but you will, my name is John H Wyman. My mother was put into a nursing home in Rockford IL against her will, without due process of law, right to an attorney ,etc…and only through her own SELF DETERMINATION is she alive today!
The journey I’ve been on is well documented in a book I’ve written, ”Against Her Will”. Because of a Governor appointed public guardian Sharon Rudy, Guardian Ad Litem’s Ruth Robinson and Kim Timmerwilke/McKenzie and Judge Lisa Fabiano, my mother was sexually assaulted and severely beaten, two days before her wrongful adjudication of incompetence without due process of law–no service upon her, no 14 day prior notice of the time, date and place of hearing to all her adult children and siblings.
Furthermore, like these high powered lawyers, I too was very renowned in my profession, but because of their self serving greed, my life was turned upside down! Having taken four years out of my life to take care of my mom, struggling to make a living and pretty much destroying my social life–I have yet to hear from any law enforcement agency that they are doing their civic and professional duty to investigate my mother’s case and bring justice to our family.
I suffered no fewer than eighteen long distance trips from Colorado to Rockford, IL to be ignored, snubbed and denigrated in a kangaroo court where my rights and the rights of my mother were ignored.  I could not find a lawyer to help me, I had to do this Pro Se all on my own, only to have above said miscreants call me a liar, accuse me of contempt and kidnapping, with them taking my mother’s social security, her home, and most of her assets all under the color of law!!! and only to satisfy their alleged “legal fees” and exorbitant billing practices and churning the bill to the estate.
Since I’ve written my book, it has been circulated and well received among IL attorneys, one of which is JoAnne Denison whom through your ARDC board are trying to persecute and wrongfully curtail her freedom of speech rights for publishing public records and giving her opinion on cases like mine–which is only the tip of the iceberg in the Probate Courts of Illinois.  It is my sincere belief that your panel has no right to change the constitution of US
or that of IL.
Lawyers like JoAnne have the courage to go up against this system which is broken; seventy to eighty million Americans are all facing the chance to lose their right to life, liberty and the pursuit of happiness, because of a broken and corrupt system and the miscreants that run them to line their pockets with gold, not caring for the well being of the seniors or how they leave this world!!
As for me I’ve become an advocate for this cause, as for my freedom of speech, I don’t give a FLYING F**K whose heads have to roll, my eyes have been open and I’ve been forever changed and will use every legal means: media, Hollywood etc. to get my message out!! And if you don’t understand exactly what I’m saying may I suggest you go to your proctologist so he can help you find your heads. Now you know me!! Read my book!!

                     Sincerely, John Howard Wyman
 From JoAnne:
You know, I have never heard from the ladies at the ARDC that they even read John Howard Wyman’s book, despite the fact is it rated with 32 reviews a solid near 5 star rating. Sad, so utterly sad.  John’s appeal brief and motions are all published on this site or you can email me for copies.

After all I have published and after all is said and done, and it appears Probate is a honeypot for the nefarious…

Ms. Janet Phelan comes along with another article which risks making Probate more of a system to the gulag for the elderly than it already is:

http://www.activistpost.com/2011/10/gao-pushes-to-share-incapacity.html

I hope someone stops this before it happens, and if it does, I hope a brave lawyer comes forward to stop the sharing of this information before the GAL/probate systems uses it to generate even more guardianships where they were not needed before all of this.

Write your representatives and stop this before it is too late.  It is clearly an invasion of privacy.  It is a misuse and abuse of governmental authority to send others indicators of dementia and fraility of the elderly to those who might most abuse them.  Judges and attys acting badly in our nation’s probate system.  We have already enough senior citizens in nursing homes, against their will, that want to go home, while the probate machines burn up their dollars in dangerous and life shortening nursing homes.  This “nursing home” machine is a nationwide tragedy.  Many other countries would find it shameful to lock away seniors and isolate their elderly –except if they pay $150 per hour or more to get “court supervision” for a single visit.

Thanks Janet for sharing.

JoAnne

Do we have the attention of the SCOI?

One of the biggest hurdles with Appellate work is convincing any particular judge that the trial court or tribunal below, not only failed to do its job, but you have to get their attention.

While one would think that this blog–which reports all sorts of problems, inconsistencies, injustices, and gives the public a platform to present these to the world in an effort to reduce corruption in our Illionis courts–might get someone’s attention at that level, but not because it is me, or I or Ken have scintillating writing along with the likes of Hemmingway, Ayn Rand, Maya Angelou, even Clarence Darrow, or any other famous and wonderful writer, it should be that this blog is about corruption, the ARDC appears to be going after lawyers for merely blogging about corruption and asking law enforcement to intervene.

All of this seems wrong, horribly wrong, on sooo many obvious levels.

So take a look at the document below.

Order Granted Supplementing Record as Filed by Ken Ditkowsky

You will recall that Ken filed a Motion to Supplement the record based upon the Horace Hunter case.  I hope this is a good sign that they plan to adopt portions of the very good decision made with respect to Atty Horace Hunter in Virginia–that the First Amendment means either no restrictions on blogging, or the fewest restrictions possible.

I’m not sure that the Record to Supplement being granted will produce, but at least we have the interest of one Justice Burke.

More for the ARDC to censor–an old joke!

Old joke UPDATED for censorhsip:

In an effort to determine which among the CIA, the FBI and the Chicago Police Dept was the very best agency for law enforcement, a plan was devised to release a rabbit into the forest and see who could capture the rabbit first.

The FBI went into the forest.  They placed animal informants throughout. They questioned all plant and mineral witnesses.  After three months of extensive investigation they concluded that rabbits do not exist.

The CIA went into the forest.  After two weeks without a capture, they burned the forest killing everything in it, including the rabbit.  They made no apologies.
The rabbit deserved it.

The Chicago Police went into the forest.  They came out two hours later with a badly beaten bear.  The bear was yelling “Okay, I’m a rabbit, I’m a rabbit.

However, feeling left out of “who is the best” in eliminating crime and corruption in the forest, the ARDC begs to be included.

Court appointed probate bunnies CF and AS put on bunny suits and tell the rabbit they will help him, turns out the rabbit in the story stole a million carrots.  Solution?  They tell the probate court the carrots don’t exist, and the ARDC wants to know which honest forest attorney told the CIA, FBI or CPD anything so they can file a complaint against that bunny!

PS–The ARDC adds to the complaint the fact the forest attorney used the initial FBI, CIA, CPD, CF and AS because that looks suspect to them!  And they add it into the complaint….And please, no one EVER give the ARDC a match or gasoline, because that will be next.  ARDC bunnies with incendiary devices.  Who would’ve thought that?

KDD renews his Motion to Dismiss before the ARDC based upon the Horace Hunter case

Horace Hunter made it clear that attorneys have the right to post case synopses–even criminal ones that perhaps a defendant is not too proud of an arrest–because all cases in reality belong to the public and constitute public information.

The ARDC has taken the position that the Horace Hunter case is not binding legal precedent.  It has not stated what standard it wants for attorneys to blog about cases, other than the fact the royal “it” seems to want to make that decision themselves and just let us attorneys know afterwards.

What words are prohibited by attorneys?  What phrases are prohibited?  From the survey results on this blog, it would seem that everyone (98%) agree that ARDC must promulgate firm and clear guidelines on what it will censor and what it thinks is okay, yet they have not done that.

They have no blog.  They are not transparent, as this blog is.

While they were created in 1978 due to a public outcry regarding corruption in the Illinois Court System, one wonders if any real cure was effectuated, or if this turned into more of the same ole, same ole.

See Ken’s Motion to Renew his Motion to Dismiss his ARDC Complaint based upon the Horace Hunger case, complete with his response to the Objections that the ARDC then filed.

Ken Ditkowsky’s Renewed Motion to Dismiss the ARDC complaint and ARDC Objections thereto

The ARDC claims the Horace Hunter case is not helpful or analogous, yet they cite some other disciplinary decisions which appear to be at the trial court level because they provide no citation from SCOI. 

Interesting.  Attorneys are not support to cite trial court decisions or tribunals as precedent.  An attorney in a brief is only supposed to cite appellate or supreme court authority.  Sometimes you have to, as in where there are not citable cases at higher levels because in indigency cases the litigants do not have money to appeal. 

But the ARDC citing trial court precedent?  Unbelievable.

KDD renews his Motion to Dismiss before the ARDC based upon the Horace Hunter case

Horace Hunter made it clear that attorneys have the right to post case synopses–even criminal ones that perhaps a defendant is not too proud of an arrest–because all cases in reality belong to the public and constitute public information.

The ARDC has taken the position that the Horace Hunter case is not binding legal precedent.  It has not stated what standard it wants for attorneys to blog about cases, other than the fact the royal “it” seems to want to make that decision themselves and just let us attorneys know afterwards.

What words are prohibited by attorneys?  What phrases are prohibited?  From the survey results on this blog, it would seem that everyone (98%) agree that ARDC must promulgate firm and clear guidelines on what it will censor and what it thinks is okay, yet they have not done that.

They have no blog.  They are not transparent, as this blog is.

While they were created in 1978 due to a public outcry regarding corruption in the Illinois Court System, one wonders if any real cure was effectuated, or if this turned into more of the same ole, same ole.

See Ken’s Motion to Renew his Motion to Dismiss his ARDC Complaint based upon the Horace Hunger case, complete with his response to the Objections that the ARDC then filed.

Ken Ditkowsky’s Renewed Motion to Dismiss the ARDC complaint and ARDC Objections thereto

The ARDC claims the Horace Hunter case is not helpful or analogous, yet they cite some other disciplinary decisions which appear to be at the trial court level because they provide no citation from SCOI. 

Interesting.  Attorneys are not support to cite trial court decisions or tribunals as precedent.  An attorney in a brief is only supposed to cite appellate or supreme court authority.  Sometimes you have to, as in where there are not citable cases at higher levels because in indigency cases the litigants do not have money to appeal. 

But the ARDC citing trial court precedent?  Unbelievable.

What does the ARDC want me and Ken to be sorry for?

Dear Readers;

One of the things that the ARDC always says when you get a complaint, is to be sorry for what you did wrong and and be contrite.  Okay, I get that.  I have learned (and this is a good lesson for all) pray to not make mistakes but when you do apologize and rectify any problems or troubles right away and put those as top priority.  Never put them off, they only get worse.

So, in this case, it’s really hard.  I really don’t want to cause any trouble for the nice atty ladies at the ARDC–Jessica Haspel and Sharon Opryszek and Jerome Larkin, but the reality is, their agency was set up to prevent another Greylord back in 1978–they were supposed to root out and eliminate corruption in the court system.

Now, it turns out they “don’t do” judges, like a cleaning lady “doesn’t do” windows, they “don’t do” stuff that happens in court–the judge should rectify those problems and while there is a “Himmel” obligation imposed by the US Supreme Court on attorneys to report corruption and other attorneys engaging it, is their official policy “don’t blog about it” or “don’t warn others” about miscreants either.  My survey says 98% of you believe that blogging about corruption is not only important, but I have the right to warn the public.

And while I have a blog to be open, transparent and figure out what the heck is going on, the ARDC doesn’t.  It publishes generic and conclusionary “rules” taken from a hodge podge of commonlaw.

For example, they accused me of “making false statements or statements with reckless disregard for the truth.”  Now in 1978 the ARDC/SCOI did not suddenly invent that standard, it turns out to be the standard for defamation law taken from a US Supreme Court case.  It further turns out that the “malice” or “reckless disregard” is a very high level, so high, that defamation suits are rarely filed or won by attorneys because they run smack dab into the First Amendment–which is to be given the broadest interpretation possible without totally killing off a suit for defamation.

My blog is transparent.  I publish the horror stories and then back them up with the transcripts, the documents, the declarations, the statements of the parties at the same time I publish what needs to be said.

KDD is right to tell the authorities what is going on.  I only do the blog.  I have written to the Dept. of Justice on behalf of my clients with their information and I have advised them to contact the Dept. of Justice, the US attorney’s offices, the Illinois State’s Attys and even the local police.  I always thought that was the right thing to do.  And as a taxpayer I would expect that these agencies would take the complaints and police reports seriously and conduct a full, honest and complete investigation, but it appears even in cases where millions are uninventoried, there is no account analysis, no one at the police, FBI, etc. seems to care. I guess the Dunkin Donuts coffee and donuts are too good.

Can we blame Dunkin Donuts?

In any case, read on for my email today to the atty ladies at the ARDC:

Dear Sharon and Jessica;

I note in some of your correspondence that you were going to order the transcript from the disqualification of KDD to represent me.

Did you get that transcript and can you please send me copy?

Also, do you have a copy of the transcript from from KDD’s 2 day hearing in early Sept 2012.  I’d love to have that one too, but I can’t afford it.

Also, I know the ARDC like to hear it when attorneys are repetant for what they have done, and I’ll tell you this. I am sorry I have to fight with you over all this.  I think it’s a waste of taxpayer and lawyer fee monies.  But I do believe that lawyers have a first amendment right to blog, and blog in particular about corruption in the court system.

Many attorneys have looked the other way at this and said that “a bit of corruption here and there is okay and you should just live with it.”  But I know Mary, Gloria, Fred and Caroly and the entire family, and I tell you, Mary is in a miserable place, the case was horrific, Gloria is now homeless and penniless and her father and mother NEVER intended that.  I knew Mary Sykes quite well and she was always a kind and funny and interesting person.

So I blog.  I’m sorry about that, but someone has to tell the truth.  and this is not just a case of he said/she said–it is a case clearly lacking in jurisdiction with substantial assets uninventoried.  I know the family, I know the relatives and family friends.

I don’t understand how in the US all of this can happen.  It‘s utterly shameful.

So I hate to cause trouble for you ladies, but I see no way out.  Attys have a Himmel duty to report, and I think they also have a duty to contact the authorities when there is elder abuse.  While we don’t have mandatory reporting (what would the ARDC do THEN?), I think the best course of action is to report it.  And if no action is taken, report it again and again until justice is done.

Sorry about that.  I hate to be your messenger of bad news.  I truly am sorry for that.  But you would not BELIEVE all the horror stories I get on a daily basis.

I think the ARDC also needs an ethics blog if you are in fact trying to censor blogs.  What is it exactly that you don’t want attorneys to say?  Can you actually phrase any amount of censorship for attorney blogs — esp. those regarding corruption — that would not engender a public outcry from those who have suffered injustices in Illinois court rooms.  I‘m just asking?

Should I be sorry to even have to be the one to ask these questions?  I don’t think so.

take care and see if you can get me those transcripts.

thanks

joanne

cc:  http://www.marygsykes.com

 

Cost of Corruption October 2012 bill–$363,811!

See below and enjoy:

CostofCorr-Oct2012-bill

Now even higher!  I love publishing these.  I think my pro bono time is well spent, don’t you?

American Citizen in Urgent need of Donation

A Christian American citizen who is in financial need for urgent and immediate need matters need $4,000.

She wants to say nothing about her situation.  It’s sad.  If you donate, please mark your donation for Mar 13, 2013 post for anonymous.

JoAnne

PS– and I send peace, blessings and love to this person.

The Administrator of the ARDC answer the Petition to the Ill. Sup. Ct. and the Answer reveals some new information.

First I know you are all waiting to read:

The Response Brief filed by the ARDC to KDD’s Motion for a Supervisory Order filed at SCOI

Finally, I have to hand it to the Administrator, the ARDC seems to be getting better at understanding there are different types of speech and different levels of protection under the First Amendment to the US Constitution.  They actually said for the first time ever that my speech is not commercial speech or advertising nor have I been charged with violating any client confidence–and that’s because I religiously ask the poster permission to post and if they want the post redacted or anonymous, I will do that for them. The ARDC still isn’t  where they should be, but there seems to be hope on the horizon.  I chalk that up to the detailed, you just can’t screw it up step by step instruction guide to constitutional rights and free speech set forth in the Horace Hunter case, so I have to just thank atty Hunter again for braving it out for all us attys in VA>

The Administrator’s Answer to KDD’s Petition to the Ill. Supreme Ct. for a Supervisory Order under Rule 383 is a great one.  Still, the SCOI only receives about 200 such petitions per year (as should be because the petition basically is saying that a court or tribunal is acting so way out of line it is actually far exceeding its authority).

Motions to disqualify an attorney based upon a “conflict” are hardly if ever granted.  This Complaint is for BLOGGING.  Imagine that–blogging.  It is not about stealing, failing to appear in court, failing to write a brief, motion or reply, failing to tell a client what is going on–it’s about blogging.  Bloggin, one would think, should be put in the category of “priority Z” with the ARDC.  Instead, because it’s obviously stepping on toes, denoting severe aberrations and corruptions in the court room, complete with published evidence thereof, and numerous uninvestigated serious citizen complaints, some how it has risen to “priority A” with the ARDC, and yet the ARDC does not understand how, from the get go, it appears to only bespeak of the corruption talk the ARDC is feverously attempting to quash or censor.

Getting back to Motions to Disqualify counsel of record. Like it or not, those are very, very serious and rarely granted in any courtroom I have ever been in.  In all but a very few instances, they are a waste of time and money.  And in my case, they are deja vu, with my first bogus disqualification in the Mary Sykes case because I merely notarized a document.  Attorneys notarize documents all the time and as a matter of routine, and often between squabbling parties.  It means nothing.  Really.  All the notary is supposed to be saying by performing the notarial act is that s/he knew or confirmed the ID of the person signing the document.  It does not mean the person underwent a complete psychiatriac exam, a physical exam, took a driver’s road test, or qualified for any task–other than to put pen to paper and sign.

Next, you look at a complaint about blogging. This time the ARDC finally cited the correct standard for my speech–it has to be completely fabricated or made up in order to qualify under the standard “false or made with wanton and reckless disregard for the truth.”  In my case, tons of evidence is already on the blog–esp. about the Sykes case.  I got the declarations, I got transcripts, the case files–everything and all was published.  Why the ARDC can even say this without an LOL ROF, 4PIA it was done without a scintilla of actual evidence is beyond anyone’s imagination.  The Sykes case is well documented, well published, well explored on the blog.  I can’t think of anything I have left out–and yet the ARDC continues to read my conclusions on one part of the blog (the case is corrupt and without jurisdiction and running for 3.5 years) while on the other part of the blog, all the documents, the transcripts, the pleadings, the declarations and affidavit mean nothing or are allegedly left unread by the ARDC.  I don’t know how much more you can possibly publish about a topic.to prove the ARDC is simply full of it with respect to a “scintilla of evidence”.  I don’t have a scintilla, as my daughter would say, I have “crap tons” of it. (She made up the following scale of how much something is “crap tons”, “sh** tons” and even “f*** tons” but I can publish that, now can I?”  She generally uses these phrases when referring to how much homework or chem lab reports to do, but I digress.)

Here are my comments about the ARDC response:

The Administrator clearly has an interesting take on the entire proceeding.

With respect to your motion to dismiss, I think the Sup.Ct. would more likely make up a new rule that a respondent gets to file a Motion to Dismiss, rather than strike that step. As you point out Ken, it makes no sense not to allow Respondents to file Motions to Dismiss.  MTD’s are very important on a number of levels and one is to narrow the issues for trial, and provide for greater judicial economy. I believe they are an important step in every trial court or tribunal process and they should never be skipped, as you have noted.

It is interesting that for the first time, the Administrator actually acknowledges that my speech is not commercial speech nor did I violate any client confidentiality.  (Para 10)

Paragraph 15–Mr. Ditkowsky would perform as an “unsworn witness” rather than counsel and THAT would disqualify him?  That’s new law.  Never heard of it.

The ARDC primarily cites the Palmisano case for it’s position in this regard.  But Palmisano clearly states:

If Palmisano had furnished some factual basis for his assertions, then we would need to determine whether either the Constitution or principles of sound judicial administration permit a sanction–for an attorney is not absolutely liable for every statement that turns out to be incorrect. It would unduly quell investigation and exposure of corruption to disbar an attorney who publicized suspicious conduct, just because the suspicions were dispelled. Palmisano lacked support for his slurs, however. Illinois concluded that he made them with actual knowledge of falsity, or with reckless disregard for their truth or falsity. So even if Palmisano were a journalist making these statements about a public official, the Constitution would permit a sanction. False statements, made with reckless disregard of the truth, “do not enjoy constitutional protection.” Garrison v. Louisiana, 379 U.S. 64, 75, 85 S.Ct. 209, 216, 13 L.Ed.2d 125 (1964). See also Harte- Page 488
Hanks Communications, Inc. v. Connaughton, 491 U.S. 657, 659, 109 S.Ct. 2678, 2681-82, 105 L.Ed.2d 562 (1989); McDonald v. Smith, 472 U.S. 479, 484, 105 S.Ct. 2787, 2790-91, 86 L.Ed.2d 384 (1985) (same conclusion for claim based on right to petition for redress of grievances). Federal courts are no more willing to tolerate repeated, false, malicious accusations of judicial dishonesty than are state courts. Selection of the sanction is a subject on which appellate review is deferential. Gouiran, 58 F.3d at 56; cf. Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 110 S.Ct. 2447, 110 L.Ed.2d 359 (1990).

It is indeed interesting that the ARDC finally has admitted that there are in fact different types of speech (non commercial (opinions and blogs), commercial (atty ads), and highly regulated–for example drug inserts), it just has to take the next step and properly complete the analysis.

In the Palmisano case, the court found that atty Palmisano made the allegations of corruption because he lost cases in front of these judges. HOWEVER, Atty Denison has not lost any cases in front of Justices Connor, Stuart or any other judge.  She is sitting as a mere observer or court watcher, and in addition, she has backed up her allegations with court transcripts, pleadings, declarations and affidavits from those with personal knowledge of the facts of the transactions–all on the very same blog.  Again, the ARDC apparently can read portions of the blog in which Atty Denison states that certain courtrooms are and have been operating without jurisdiction for years, but then the ARDC falls short of reading–let alone investigating, the numerous pieces of evidence published on the blog together with numerous citizen complaints that have been left uninvestigated by the ARDC.

Whether or not the ARDC “may require attorneys to speak with greater care and civility than is the norm in political campaigns” is not the question in this case.  Atty Palmisano DID in fact appear before the judges he accused of being corrupt, and he lost cases in front of the judges and he further apparently published no blog with no additional supporting documents, pleadings, transcripts, affidavits and declarations, let alone allowed numerous citizens to come forward with their complaints against the miscreants or “judicial officials” involved in the suspect or corrupt actions complained of.  The letters he sent out were just that–letters without appropriate supporting documentation, ie, transcripts, affidavits, declarations, pleadings, citizen interviews and confirmations.  It is clear from the opinion, had he based his letters on some scintilla of actual evidence, the disciplinary proceedings against him would have not had the outcome they did.

It is further interesting that the ARDC says that Hunter is not binding.  It is a well reasoned, well thought out decision by the Virginia Supreme Court and cannot be completely ignored by the ARDC.  The ARDC does not argue that First Amendment US Constitutional protections may vary from state to state, nor does it show how the Virginia state bar must be comprised of some wilder bunch of attorneys who may be mouthier than their Illinois counterparts.  I’m not exactly sure about what they are saying.  Is it because they assume VA has med MaryJane and IL does not?  I’m not sure.

With respect to ¶ 15 of the Administrator’s Response, the “unsworn” witness acting as an attorney is a specious argument and not found in any case law, nor has the ARDC cited any relevant case law.

*** End of My Comments***

Now for Ken’s Reply to the ARDC:

No testimony has been taken or received at this point in time in the proceedings before the Illinois ARDC.     That said, the movant has presented this Court with the significant documentation necessary to inform the Court as to the factual basis of its motion and plea.   The plea is for this Court to order an investigation of the fact that more than one senior citizen has been in derogation of its ruling in Steinfeld   (citation infra) and a comprehensive protective plan enacted by the Illinois Legislature (citation infra) separated from her liberty and property by a Court lacking in jurisdiction.
As noted in the Motion for a Supervisory order,  the movant has presented affidavits of disinterested persons (disinterested in the JoAnne Denison matter) that connoted the most important reason for the granting of the supervisory order and ordering of a Honest comprehensive investigation of the Mary Sykes and similar cases.     These affidavits have not been contested.
Contrary to the impression attempted  to be conveyed by the Administrator, the reason for the Petition for a Supervisory order being requested is multi-fold.    The most pressing matter is the fact that in Illinois senior citizens are being herded into the Guardianships without concern as to the protections built into the system. Legislative protections are ignored and these senior citizens (such as Mary Sykes)  are then denied their liberty and property interests.
The Statement that attorneys made not speak of this terrible situation is an ‘assault’ on the core values of the United States.     The Supreme Court of the United States has deplored such a situation and made in clear in Alvarez  the even untrue content speech is protected speech.   Only the Administrator of the ARDC appears to suggest that an Attorney may not complain concerning the denial of Civil Rights effectuated by “judicial officials”[1]    The Virginia Supreme Court rejected the regulation of ‘content’ based speech such as appears in the Denison Blog and publications.
Ms Denison objects to the Administrator’s failure to be completely candid with this Court.     The Administrator did not cite In re: Green  11 P 3d 1078 in which it was held that the First Amendment protection included the right to make the allegation that a particular judge was a racist and a bigot, and did not note the distinction in Palmisano, i.e:
“If Palmisano had furnished some factual basis for his assertions, then we would need to determine whether either the Constitution or principles of sound judicial administration permit a sanction-for an attorney is not absolutely liable for every statement that turns out to be incorrect. It would unduly quell investigation and exposure of corruption to disbar an attorney who publicized suspicious conduct, just because the suspicions were dispelled.”   Matter of Palmisano, 70 F.3d 483, 487 (7th Cir. 1995)
Ms. Denison has attached affidavits of 3rd persons as part of her response that confirm the direct miscreant conduct in violation of the clears words of the Supreme Court of Illinois and the Legislative of the State of Illinois[2].      These affidavits have not been  challenged.
Discussion
 “Disbarment is not an adversarial proceeding”  Matter of Palmisano, 70 F.3d 483, 484 (7th Cir. 1995) and therefore, it is respectfully suggested that the Administrator’s objections are groundless and disingenuous.      Even in his defense to the clearly erroneous decision to disqualify Ms. Denison’s attorney appearing for her at the ARDC proceeding the Administrator does not suggest a single question that  Mr. Ditkowsky can be called as a witness concerning.    Conclusions are interesting but irrelevant and it is respectfully suggested that no proper court would have entertained the disqualification motion advanced by the Administrator without specifics.     There is no affidavit submitted with the Motion that suggests that Denison’s attorney had any exclusive personal knowledge.     (The Common Record in Sykes has been seen by dozens of people.    If the Administrator did at Rule 137 examination of the record he also has personal knowledge that the Sykes court acted without jurisdiction).
It should be noted that the Administrator does not state that Mr. Ditkowsky viewed or attended any hearing or other proceeding involving Mary Sykes,     Indeed, Attorney Denison has waived any ‘conflict of interest’ she might have with her attorney,  as in fact there is none.     To eliminate an attorney who does not please the adversary, following the administrator’s reasoning all the adversary has to do is claim that the offending attorney will be called as a witness[3].
The objection filed the administrator is interesting in that he does not display in his appendix the Request to Admit that were filed by Ms. Denison with the Commission.   The Administrator’s evasive and unresponsive Responses also are not in his appendix[4].      The significance of the response of the Administration is that the Administrator is so intent on ‘winning’ that Justice is not a consideration.    Candid answers to the Request to Admit is respectfully submitted to be the end the Denison case.      The death knell occurred years before this case was brought as the Illinois Supreme Court has made it very clear that:
“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)
The Administrator is not by law supposed to be an advocate for the persons appointed as “judicial officials” by a Court lacking jurisdiction.     He is supposed to protect the rights of citizens such as Mary Sykes, Gloria Sykes, Yolanda Bakken, Scott Evans, JoAnne Denison, etc.     In not providing this Court with a copy of its responses to the Request to Admit and in not candidly answering the Administrator pursuant to Rule 216 admits that the Circuit Court record does not demonstrate that in Sykes ( as an example) the 14 days’ notice was served upon Gloria Sykes, Yolanda Bakken,  et al .     It is respectfully suggested that the Administrator was not candid in citing  Palmisano  for reasons stated infra.
On the other hand the if the Administrator denies the Request to Admit, the Administrator must prove the impossible by clear and convincing evidence[5] that Ms. Gloria Sykes, her two aunts, and all who have viewed the Sykes record  are all mistaken.     Indeed, if the 14 day notices were not served on Gloria Sykes and her two aunts the statements made in Ms. Denison’s blog are indeed true.     Ms. Farenga, Ms. Troepe, Mr. Stern are not “judicial officials” and  Mary Sykes has been the victim of the tort of false imprisonment, the non-inventory of her property much more than the breach of fiduciary relationship etc.     More seriously, the claimed “judicial officials” are guilty of much more than ethical violations.      Indeed, the Administrator may himself have violated Himmel.
The portion of the Palmisano decision that the Administrator in his objections failed to call to the Court’s attention is documented as:
“If Palmisano had furnished some factual basis for his assertions, then we would need to determine whether either the Constitution or principles of sound judicial administration permit a sanction-for an attorney is not absolutely liable for every statement that turns out to be incorrect. It would unduly quell investigation and exposure of corruption to disbar an attorney who publicized suspicious conduct, just because the suspicions were dispelled.”   Matter of Palmisano, 70 F.3d 483, 487 (7th Cir. 1995)
Ms. Denison has provided a significant factual basis for her assertions.    She has provided affidavits of the affected persons and the wrongful prosecution of Ms. Denison is a chilling violation of the Free Speech of a citizen protected by the First Amendment.[6]
The Administrator has claimed that statements made on the publication (Blog) maintained by Ms. Denison are untrue as they relate to public officials; however, significantly missing from the appendix attached to the objections is a single certification by anyone that they served the 14 days’ notice required in the Sykes case by 755 ILCS 5/11a -10(f) on Gloria Sykes or the two siblings of Mary Sykes.    
Why has the Administrator of the ARDC failed to produce a scintilla of evidence either herein or in the Commission proceedings to suggest, or even imply that 755 ILCS 5/11a – 10(f) was even attempted to be complied with?    Certainly copies of the return or certification of the Sheriff, private investigator, attorney, or other person who served the 14 day notices required to vest the Circuit Court probate division with jurisdiction would be persuasive.   As the Court file in Sykes is a public record (or at least was a public record) a copy of the return or certification of service of the 14 days’ notice would be easy to present so as to counter the affidavits of Mary Sykes daughter and two sisters.      It is respectfully submitted that  no return or certification ever existed (prior to today) and the Administrator is fully aware that Ms. Denison’s blog contains no knowingly untrue statements.    The Administrator is aware that it  is a violation of Rule 8.4 by the Administrator and Rule 137 of the Supreme Court Rules[7] to file documents in any judicial proceeding that are knowingly untrue.
            This Supreme Court has the decision in Hunter before it and therefore can determine the scope of the decision and whether or not the Virginia Supreme Court obviated any notion that attorneys are second class citizens to be denied their Free Speech Rights.[8]    It is also quite significant and very disappointing that the Administrator does not address the important Constitutional limitations on its jurisdiction .      Missing from the objection filed by the Administrator was any mention of this Court’s or the Supreme Court’s decisions that are the strong basis for the request for an investigation and  the supervisory order have been over-ruled are not relevant or superseded.     Indeed, as an example the Administrator fails to address the 2011 decision of the Supreme Court of the United States in Brown v. Entm’t Merchants Ass’n, 131 S. Ct. 2729, 2733, 180 L. Ed. 2d 708 (2011), New York Times vs. Sullivan (citation omitted), Alvarez, etc.     The recent decisions of the Supreme Court of the United States must be given proper respect.     In proportion the respect due them is infinitely more than that to be given to “judicial officials” appointed by a Court lacking jurisdiction.
Unfortunately, the instant Motion for a Supervisory order is not an academic or an athletic exercise.     The issue herein is the fact that lawyers are being intimidated by the Illinois ARDC to keep silent as to persons being denied their liberty and property interest because they deemed by certain “judicial officials” appointed by a Court lacking jurisdiction to be in need a guardian.      The issue is the Elder Abuse and Financial Exploitation of Senior citizens and persons with diminished capacity.        The issue is the concept that a judgment of the need for a guardian is not to protect the individual but to strip him or her of all liberty and property rights.[9]
            Equally serious, but not of the same Constitutional moment of the First Amendment issue is the fact that the legislature in 755 ILCS 5/11a – 17 and 11a -18 has determined that guardianship was not the ‘kiss of death’ but a compassionate method of making as little interference into the life of a affected person as possible.    Indeed, the legislature decreed that people such as Mary Sykes would not be isolated from family, friends, activities, assets, and liberty.
Conclusion and Summary
Senior citizens and disabled persons are not ‘second class citizens’ and when the Illinois Legislature enacted a legislative scheme to protect them the Illinois ARDC was not delegated the authority to silence attorneys such as Ms. Denison who complained that the protections were being thwarted  by certain “judicial officials” who were appointed by a Court lacking jurisdiction.      The Administrator of the Illinois ARDC has called attention  ( by his prosecution of Ms. Denison for publishing on her ‘blog’) to  the fact that a 90 plus year old senior citizen (and others) have been dominated illegally by ‘judicial officials’ who sans jurisdiction of the appointing court have ignored the legislative protections afforded to senior citizens who have either the potential for or actual diminished capacity.
Mary Sykes for one has been stripped of a million dollars (plus or minus) in gold coins that were not inventoried and isolated from her family for more than three years.     In an effort to silence JoAnne Denison the Administrator and the ARDC panel disqualified her attorney upon the facade that he might be called to testify.      The seriousness of the Sykes case and related cases promulgated Attorney Denison to petition this Court for a Supervisory order requiring the Courts to follow the legislative and jurisdictional mandate and for an honest, complete and comprehensive investigation by law enforcement of how in the United States of America something like the Sykes case could flourish[10].
Ms. Denison prays that this court enter its supervisory order and deny the Administrator’s objections.
Respectfully Submitted,


[1] Following the reasoning of the Administrator there would have been no prosecution of the 15 judges who went to jail as the result of their corruption (in Greylord) and there would be no need for the Judicial Inquiry Board.    Indeed, a lawyer who co-operated with the Justice Department in an investigation of Judicial corruption would be subject to Disciplinary action by the ARDC.   Ironically the corruptors and the corrupt would be free to operate their nefariousness at will.
[2] The Objection suggests that the Blog contains untrue matter.   The burden of proof is upon the Administrator to prove by clear and convincing evidence the facts upon which his claim is based.    The affidavits placed of record, and documents on the blog substantiate that the statements have a credible basis and that the petitioner had every right to assert them as facts.
[3] It should be noted that this was the technique was allegedly used to prevent Ms. Denison from protecting the interests of Mary Sykes and Gloria Sykes in the Sykes case.   Thus, the Court record reveals that Mary Sykes was in defiance of the Article 11a (755 ILCS 5/11a  et seq) Mary had her liberty and property taken from her and no attorney was appointed or allowed to represent her or the assert the jurisdictional deficiency that this court pointed out in In re Estate of Steinfeld, 158 Ill. 2d 1, 13, 630 N.E.2d 801, 807 (1994)
[4] Ms. Denison filed a Motion for Summary Judgment before the ARDC panel based upon the responses filed by the Administrator.    The objection suggests that the Commission has adopted a Rule to prevent the termination of spurious and improper disciplinary actions by the Administrator.    However, this Court in enacting Rule 137 over-ruled such a tactic to thwart a denial of Equal Protection of the Law toward Legal Professionals.    The ARDC should be like Caesar’s wife!   It should not be an instrument of intimidation.
[5] A search of the Circuit Court record reveals that not only was the Petition for the Guardianship of Mary Sykes defective as it did not name the two siblings of Mary Sykes (and was brought in the wrong venue) but, it not served in accordance with 755 ILCS 5/11a – 10,  Sodini,  and Steinfeld.
[6] The recent Supreme Court of the United States Decisions suggest that Palmisano today would not be good law.    That is not to say that if Mr. Palmisano insulted the Court while participating in a court proceeding he could not held in contempt, or that he could not be sued for defamation.     Government however cannot limit his content based speech.    This issue however is not part of the Motion for Supervisory order.    The portion of Palmisano not disclosed by the Administrator discloses the weakness of the Administrator’s position and as the Administrator in its objection has quite articulately  stated he will not investigate the attorneys accused of Elder Abuse and Financial Exploitation of senior citizens such as Mary Sykes.   Thus, a supervisory order is extremely necessary if Senior citizens are going to be protected from court attorned Elder Abuse and Financial Exploitation of Senior citizens.
[7] It is respectfully suggested that had the Administrator a scintilla of proof of jurisdiction being afforded to the Probate Court pursuant to 755 ILCS 5/11a – 10(f) the Administrator would welcome an investigation into the Sykes case.    Unfortunately, it is very clear that for more than three years Mary Sykes has had her liberty taken from her.    Her personal property which is valued in excess of a million dollars has not been inventoried.     The two Guardian ad Litem who are the ‘eyes and ears’ of the court  instead of on the record reporting these facts to the Court have authored complaints to the ARDC to investigate the attorneys who have objected to the non-inventory of a million dollars in assets by a plenary guardian who was appointed by a Court lacking jurisdiction.   It is respectfully submitted that if this Court were to request the Administrator of the ARDC to produce credible documentary evidence that Gloria Sykes and Mary Sykes two siblings were served with the 14 days’ notice the Administrator could not do so!
[8] The administrator’s attempt to distinguish Hunter exposes his embarrassment.    Hunter involved a measure of Commercial speech.    The Virginia Supreme Court dealt with the fact that where there is commercial speech the Court has some lee-way to protect the public; however, as to content based speech this Court and the Supreme Court of the United States have evolved their opinions more in line with the opinions of Justice Black and Justice Douglas.   It is significant that the Administrator does not address Alvarez or the statement that was the basis of the Brown decision:
“government has no power to restrict expression because of its message, its ideas, its subject matter, or its content.” Ashcroft v. American Civil Liberties Union, 535 U.S. 564, 573, 122 S.Ct. 1700, 152 L.Ed.2d 771 (2002) (internal quotation marks omitted). There are of course exceptions. “ ‘From 1791 to the present,’ … the First Amendment has ‘permitted restrictions upon the content of speech in a few limited areas,’ and has never ‘include[d] a freedom to disregard these traditional limitations.’ ” United States v. Stevens, 559 U.S. ––––, ––––, 130 S.Ct. 1577, 1584, 176 L.Ed.2d 435 (2010) (quoting R.A.V. v. St. Paul, 505 U.S. 377, 382–383, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992)). These limited areas—such as obscenity, Roth v. United States, 354 U.S. 476, 483, 77 S.Ct. 1304, 1 L.Ed.2d 1498 (1957), incitement, Brandenburg v. Ohio, 395 U.S. 444, 447–449, 89 S.Ct. 1827, 23 L.Ed.2d 430 (1969) (per curiam), and fighting words, Chaplinsky v. New Hampshire, 315 U.S. 568, 572, 62 S.Ct. 766, 86 L.Ed. 1031 (1942)—represent “well-defined and narrowly limited classes of speech, the prevention and punishment of which have never been thought to raise any Constitutional problem,” id., at 571–572, 62 S.Ct. 766.”  Brown v. Entm’t Merchants Ass’n, 131 S. Ct. 2729, 2733, 180 L. Ed. 2d 708 (2011)
[9] The issue is the fact that each one of us is reaching (or reached) senior citizen status and we might find ourselves being railroaded in to guardianship wherein we lose our liberty and property.
[10] The Administrator has pointed out in his objections that he has prosecutor discretion and if he does not wish to investigate the two guardian ad litem appointed by a court lacking jurisdiction et al that is strictly up to him.    Indeed, this is the reason that Ms. Denison would appreciate this Court directing law enforcement to examine the facts of the Sykes case and in particular determine:
1.       How could Mary Sykes be deprived of her liberty by a Court lacking jurisdiction (because of the failure to serve the 14 day Sodini notices) for so many years.
2.       How could a million dollars of uninventoried personal property (gold coins) be obtained by the plenary guardian?
3.       Why in Sykes are there two guardian ad litem and why did they not report the non-inventory of the assets of Mary Sykes?
4.       Why was an admission of neglect by the plenary guardian not reported to the Court by the plenary guardians
5.       Why was Mary Sykes isolated from her two siblings and younger daughter.     Why was Mary Sykes removed from her home, her activities, her friends, etc.
As the Illinois Legislature enacted 755 ILCS 5/11a et seq it obviously intended to protect senior citizens.    In the case of Mary Sykes and unfortunately many other seniors the protections have not been implemented.   The question that must be addressed is why not!    It is respectfully submitted that the Administrator’s objections may provide a suggestion.    Ms. Denison and her counsel respectfully request an investigation to ascertain the facts.   Illinois cannot afford another Greylord.
Ken Ditkowsky

 

 

An assault and battery goes unpunished…because it’s part of Probate!

and any amount of justice that is sent to probate seems to just die right there–on the spot!

From: kenneth ditkowsky
Sent: Mar 11, 2013 11:25 AM
To: SE
Subject: The assault and battery on the younger daughter

I understand that this morning there was supposed to be  a hearing on the ‘Assault and Battery’ of the younger daughter by one miscreant FT.
After being ‘jacked around’ for months, the younger daughter’s court date was scheduled for this morning.     The report that I received was that she was shunted to the wrong courtroom and the case was dismissed.    I also understand that the assistant States Attorney was aware that the younger daughter was present.    Worse yet, when the younger daughter tried to get the matter heard she was apparently shunted off with ‘ take it to the probate court.’
SE – I understand that you were a court-watcher his morning.   I would like your confirmation and a brief summary of what transpired.    I’ve requested by a separate cover that the younger daughter to do the same.     I would like a play by play as accurately as you can relate the facts to me.   (I’d like the report as soon as possible – yesterday would be nice!)     I am seriously wondering if we still live in America.      Why should the States Attorney’s office not feel an obligation to protect a lady who was assaulted and battered by a ‘bully.’     This battery took place in Norwood Park – Dozens of people (neighbors and friends) are aware of it, yet, instead of wanting to make an example of the ‘bully’ the police, the States Attorney, and even the Sheriff’s deputies appear to be unconcerned.
Shortly after this assault occurred the younger daughter was in my office and after observing the bruises I sent her to the Police Department to swear out a warrant and suggested full and complete criminal prosecution.    It never occurred to me that she would have any trouble in obtaining a protective order, and the prosecution.       Whatever is going on has to be ascertained and the miscreants brought to justice.    – unless this is the 4th Reich!
Ken Ditkowsky

www.ditkowskylawoffice.com

Since the ARDC has problems answering Requests to Admit truthfully, here, I will help them

Dear Readers;

And in the grand style you have come to expect from this blog, where the ARDC has suggested that perhaps they don’t like it when I make up a pleading that someone cannot just do as an honest, ethical atty (see the blog where CF squeaks when I prepare a Motion to Dismiss for Lack of Jurisdiction for her signature–you think she wet her pants that day), let’s try this on for Attys Haspel and Opryszek who seemed to totally flubbed their Answers to KDD”s Requests to Admit that were filed with extraordinary obfuscations, dishonesty and evasion.  If this is the best the ARDC can do—I’m just saying.

If any of us were that dishonest to a cop or other judicial official, our butts would be in jail.  You all know that.  But when the clout that is, asks for a flub, that’s what these two august ladies did–producing a fudging flub.

Now, if you’re an honest atty (and this is for all you new attys out there–unless you’re told to do it or else your job, you might be tempted to do what the ARDCatty-minions did, but I’m telling you, trash your job and quit–it’s better in the long run).

I’ve already told everyone that works for me if they EVER do anything like what the ARDC did, I WOULD HAVE THEIR HIDES! This includes the answers to the RFA, the bogus motion to Disqualify KDD and the Motion to Stike KDD’s discovery.  It’s all bogus and has no place in the Illinois court system.

Being dishonest and disingenious has no place in my office.  Leave that on the doormat.

So see below what HONEST attorneys do. They KNOW how to say the word ADMITTED.  They don’t fudge on it and don’t play ridiculous games.

Disgusting.  But if you don’t have the law, the facts or any case, play a lot of games and hope the tribunal is too stupid, mortified or has to go out and buy some ethics, morals and a backbone, and they can’t find the “cash for cars” store or whatever.

JoAnne

BEFORE THE  ILLINOIS ATTORNEY REGISTRATION  AND DISCIPLINARY COMMISSION

In Re:
JOANNE MARIE DENISON
Attorney-Respondent
Reg. No. 6192441    Commission No. 2013 PR 0001

PETITIONER ARDC’S ANSWERS TO
ATTY-RESPONDENT’S REQUESTS TO ADMIT
To:    Atty Joanne Denison, Respondent
1512 N. Fremont St, #202
Chicago, IL 60642
via email joanne@denisonlaw.com
And Ken Ditkowsky: ken@ditkowskylawoffice.com – who was wrongfully DisQ as my attorney in a rubber stamp proceeding wherein the Tribunal used their “I ♥ ARDC” rubber stamp.  Try reading the cases next time.

As to matters referred to in case above-entitled;
1)    That in the Sykes case referred to in the Complaint filed herein all the required notices provided for by 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) were not served on the persons who were required to be served with the said notices.
RESPONSE: ADMITTED.  The ARDC has carefully reviewed the blog at http://www.marygsykes.com, has finally figured out that the Declarations of the elder sisters and the younger daughter have been published for many long months on this website, they full indicated that the allegations contained in the ARDC complaint filed January 8, 2013 are completely FALSE and made up by persons at the ARDC having a biased interested in the matter and the ARDC humbly apologizes for prosecuting fully innocent and honest attorneys such as the likes of JoAnne Denison and Ken Ditkowsky and promises to never knowingly engage in such nefarious actions again.  Further the ARDC ADMITS that the blog, http://www.marygsykes.com is and was fully transparent and publishes supporting domentation, includng pleadings, affidavits and declarations of all probate victims and their families–whereas the ARDC’s blog is biased, one sided and does not permit comments or any supporting documents.  It only posts conclusory, self serving statements of nefarious persons such as the likes of Attys Cynthia Farenga, Adam Stern, Probate judges Stuart and Connors who have been for many years, listed as “most wanted” which is not a laudatory position on NASGA and other highly respected probate watcher websites and blogs.  The ARDC is fully and completely ashamed of the fact it has not before admitted this is the honest and complete truth in the matter.
2)    That the facts contained in the affidavits that are attached to the motion to dismiss the instant complaint filed herein and executed by Gloria Sykes are true.
RESPONSE: ADMITTED.  The ARDC possesses no information to the contrary and has carefully review this declaration

3)    That the facts stated in the affidavit attached to the Motion to Dismiss filed herein executed by Scott Evans are true.

See answer to No. 2 above
4)    That the facts stated in the affidavit attached to the Motion to Dismiss filed herein executed by Yolanda Bakken are true.

Ditto and more humble pie.
5)    That the facts stated in the affidavit attached to the Motion to Dismiss filed herein executed by Josephine DiPietro are true.

Ditto and extra shame and humility for the fact that the Probate Courts on the 18th floor continue to turn a blind eye when elderly siblings are wrongfully and strenuously prevented from contacting an alleged disabled.  Disgusting.
6)    That the Circuit Court Common Law Record and Docket maintained by the clerk of the Circuit Court of Cook County does not contain any evidence of service of the notices required to be served upon the siblings of Mary Sykes or the younger daughter of Mary Sykes such as a certificate or return of service for the notices required by 755 ILCS 5/11a – 10f.

RESPONSE: ADMITTED.  The ARDC has gotten its sorry and lame a** butt over to probate and found that the Blog http://www.marygsykes.com only speaks the truth.
7)    The the Administrator of the Illinois ARDC has found or has in his possession any tangible evidence that contradicts the sworn statements (affidavit) authored by Gloria Sykes attached to the Motion to Dismiss as exhibit 2.
See answer No. 6 above.
8)    That all citizens, including lawyers, enjoin the privileges and immunities of the First Amendment to the United States Constitution.

RESPONSE: ADMITTED.: Not only do US citizens enjoy the protections and immunities of the First Amendment to the US constitution and the relevant Article of the Illinois Constitution, but the ARDC will vigorously defend and protect against any miscreants from alleging nefarious and sleazy complaints against honest, ethical Illinois lawyers that blog and speak out against corruption and bring to light corruption in order to eliminate it.  The ARDC is not afraid of the words “corruption”, “Greylord” or even “Greylord II” which is the highest priority for the ARDC to investigate–the immunities and protections of Illinois senior citizens and the disabled.

9)    That all citizens, including lawyers, have the right to communicate to whomever is willing to listen to the facts involving corruption of judicial officials.
RESPONSE: ADMITTED.  This is and should be a highest priority of the ARDC and Attys Denison and Ditkowsky are and shall remain fully protected.

10)    That the Administrator of the Illinois ARDC has found no independent tangible evidence that any statement concerning ‘judicial officials’  disseminated  by JoAnne Denison and  referred to on her blog is not substantially true.  By independent we mean not a self-serving statement of Cynthia Farenga, Adam Stern, Miriam Solo, Peter Schmiedel et al.
RESPONSE: ADMITTED.

11)    That the Illinois ARDC was not given jurisdiction by any agency of the State of Illinois to censor the writings or other First Amendment exercises by lawyers.
RESPONSE: ADMITTED.  The free speech of lawyers is one of the greatest and most formidable protections in a democratic country, and when those protections are erroded, the country is likely to sink deeply into fascism and totalatarianism.  The ARDC fully agrees that DEMOCRACY IS NOT A SPECTATOR SPORT. (Quote from League of Women Voters–now we are attorneys and we’re only louder and mouthier).
12)    That the Illinois ARDC is required to give credence and follow the mandates of the Illinois Supreme Court and the Illinois Appellate Court.  (Simply put – we are asking you to admit whether or not Court rulings are the Law or if the ARDC can just ignore the Court Rulings).

RESPONSE: ADMITTED.
13)    That the Illinois Supreme Court in a published opinion wrote:
“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)
RESPONSE: ADMITTED.  While the ARDC is not required to admit statements of law, the ARDC will fully and completely admit that this law should be applied to each and every probate jurisdiction case inquiry–and this will include the likes of Sykes, Bedin, Wyman, Gore, Tyler and others.
14)    That the Circuit Court record in re: the Estate of Sykes contains no documents that indicate that the statement of the Supreme Court was complied with by the Carolyn Troepe prior to the appointment of her as plenary guardian of Mary Sykes.
RESPONSE: ADMITTED.  No one has ever supplied us with the crucial evidence, including the likes of the august and vernerable attys Farenga, Stern, Judges Stuart and Connors.
15)    That Illinois ARDC has received numerous citizen complaints concerning the conduct of Cynthia Farenga and Adam Stern.
RESPONSE: ADMITTED.  While citizen complaints are typically understood to be protected and confidential, too many have been published on http://www.marygsykes.com that we can ignore.  We read the blog to file complaints against KDD and JMD, so we must admit we have read the “numerous” complaints already published on that blog.  It is indeed shamefuly that attys and judges act so badly in the hallowed courts of Illinois and we readily admit it and are sorry.
16)    That the Illinois ARDC has taken no action on any of the complaints by citizens (including Gloria Sykes, Scott Evans,  Kenneth Ditkowsky, etc) against Cynthia Farenga and Adam Stern.
RESPONSE: ADMITTED.  See above.
17)    That the Illinois ARDC has received complaints by Cynthia Farenga and Adam Stern against lawyers who have attempted to investigate the Sykes case or who have requested law enforcement to investigate the Sykes case including but not limited to respondent and her attorney.
RESPONSE: ADMITTED.
18)    That the Illinois ARDC has brought charges against lawyers (including the instant respondent JoAnne Denison) who have requested law enforcement to investigate the Sykes case.
RESPONSE: ADMITTED.  Admitted.  It was and is a shameful means to shut up and censor lawyers that speak out against corruption and we promise to never do that again.
19)    That in bringing the ARDC charges the ARDC investigators have not attempted to ascertain if the charge that the Probate Division of the Circuit Court from time to time was not in compliance with the Illinois Supreme Court statement, to wit:
“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)

RESPONSE: ADMITTED.  And again, this is a shameful and sorry state of affairs in Illinois and it is no wonder that Illinois has the most sitting governors gone to prison for corruption.  And it also bespeaks the most lawyers and attorneys in the US gone to prison, retired or surrendered law licenses due to Greylord.  SOP and SNAFU are well alive and fully functional in Illinois government.
20)    Citizens including lawyers and in particular JoAnne Denison have a first amendment right to request and the investigation of the Sykes case.
RESPONSE: ADMITTED.
21)    That the non-compliance with the criterion expressed by the words:
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)
Deprives the Circuit Court of jurisdiction and the actions of Farenga, Stern, et al a deprivation of the liberty, property, civil rights and human rights of Mary Sykes, a person entitled to the ‘parens patrie’ protections of the State.
RESPONSE: ADMITTED.  And we know that Mary is NOT in a happy situation.  We admit her advance directives were to die in her home in Chicago–a home, family, friends and neighborhood she loved and was an intimate part of since the 1950’s.  Our not caring one whit about that is extraordinarily shameful and inexcusable.  We deeply and humbly apologize for not rectifying that horrible injustice at our earliest opportunity by conducting an investigation sooner and disciplining the likes of Farenga, Stern, Stuart and Connors.
Respectfully Submitted,
________________________

________________________

_________________________

__________________________

__________________________

______________________________

______________________________

(How many lines do I have to make for attorneys to apologize for the wrongs and injustices they have propogated against myself, Atty. Ditkowsky and MOST IMPORTANT, the families of Sykes, Wyman, Bedin, etc. and others?)  That’s why I’m making this form downloadable in RTF.  So the ARDC can add in all the lines they need. I hope every atty at the ARDC will sign and post as a comment on the blog or email to me for posting. )
Each of the attorneys at the ARDC who knew this and did nothing,
including Atty Leah Black, Administrator Jerome Larkin (who should give all his awards back as being no inspiration whatsoever to his future work), Attys Haspel and Opryszek and any others at the ARDC that look the other way and ignore patent injustices in the world of probate that terrorize senior citizens, the disabled and their families.

And here’s the RTF file, just in case they find morals, honesty, forthrighness, can utter the word “admitted”, can take out a loan and buy a backbone or whatever they need to answer Requests to Admit honestly and with the word ADMITTED, which they still can hardly seem to find.

RTF file so the ARDC can answer KDDs Requests to Admit HONESTLY

And what’s playing on the radio?  Billy Joel and his song “honesty”

Honesty is such a lonely word
Everyone is so untrue
Honesty is hardly ever heard
And mostly what I need from you

And how apropos, for me, for KDD and for the seniors and their families out there that depend upon HONESTY and JUSTICE from the courts

Prayers from the church are working and I thank them all!

Dear Readers;

Some time ago, one of the deacons at our church wrote to me and said that he was asking what to pray for for our family and of course I told him THIS BLOG, THE RIGHTS OF LAWYERS TO BLOG ABOUT CORRUPTION TO HELP ELIMINATE IT, and the RIGHTS OF SENIORS to find justice in the Illinois probate courts.

Not too much longer, out came the Horace Hunter case, which, as you know enabled me to Renew my Motion to Dismiss for Failure to State a Claim (blogging about corruption should NOT be wrongful in the US where we have free speech rights) and also to file additional motions to ensure that Justice is done in my case.  I also personally thanked Horace Hunter of VA for the fine work he did in making sure that lawyers have first amendment rights, even if his blog was in fact commercial speech, it is important because it clearly affirms my rights to run a non commercial blog and say what I need to in order to get the word out that something is highly amiss in many, many probate cases.

Here is the email from the church in which they affirmed prayers for this blog and the seniors and infirm it protects:

From: SD
To: joanne <joanne@denisonlaw.com>
Subject: Your Recent E-mail
Date: Feb 22, 2013 12:50 AM
Hello JoAnne,
Our mission is one of sympathy, friendship and Christian witness. Personally, I do not know the law profession….But I will be happy to keep you in prayer, particularly in your law work, just as I lifted up every member of your immediate family for blessing recently. I wish I could give you a more helpful answer for your specific legal concerns. Thank you for the good work that you do.
With every good wish,
SD
Here is the powerful prayer he used:
Holy Father/Mother God, the truth, justice and light, be with [all lawyers] in particular and all of your children in general who believe in, and stand up for, the poor, the physically-challenged, seniors and the elderly, and all those without a strong voice in society. Strengthen and augment the efforts of [] and all attorneys, as well as social workers, other human welfare workers, and all others earnestly engaged in your work of justice and good will to all peoples, locally and globally; we thank them for following the path of your only Son in assisting your children, including the downtrodden and needy. Lift them up in their abilities to fight for right over might.
Inspire the hearts of those in established and institutionalized positions of authority to be merciful, compassionate and mindful of the highest good for all, including the little people under their jurisdiction, from public defenders to judiciary to governing agencies of the legal system. As Lincoln may have said it, let the better angels of their nature guide their important decisions, which stand to empower or defeat your very weakest and rejected children. Help shape the judgments of public officials in the vital roles they play in sanctioning loving moral and ethical principles inherent in laws and in the U.S. Constitution, and may they always discharge their duties to the best of their abilities.
Help us all combat corruption in any and all forms in social justice and replace it with principles grounded solely in love for you and love of our neighbor. We ask these things in your righteous and perfect name. Amen.
JoAnne, I hope this helps you and your cause. But please do invoke my name to the ARDC, as prayer is supposed to be done quietly and anonymously and not for our personal glory, etc.
Best wishes,
SD
My response:  whatever you can do in prayer is just fine.  Do what you can.  Throw away what you can’t and never, never look back.  There is great work to do here and many churches and houses of worship can be a great part of it.
I do believe in prayer, thought and meditation.  I  put my name on things, but I have learned to be brave, very brave.  I care not about the opposition.  I charge ahead, but I think that takes years of prayer, discipline and higher though.
SO THANK YOU SO MUCH FOR YOUR POWERFUL WORK IN PRAYER, THOUGHT AND MEDITATION AND KEEP UP THE GOOD WORK.  Do not let it go. Seniors, the disabled and their families are suffering greatly from lack of justice in our courtrooms.
Peace, blessings and love to you all.
JoAnne

More on the First Amendment–what can lawyers say to the press?

Subject: Re: First Amendment

I am not a Brodsky ‘fan’ and mirror your opinions; however, when the judge sentenced Peterson the case was over.    The appeal is a separate proceeding which has a low chance of success.   In fact if you examine the record you will find that the judge leaned over backwards to give Peterson just about every break.      This judge was like Cesar’s wife – 100% pure and judicial.    He was faced with lawyers (led by Brodsky) who acted as clowns.   they wore similar outfits, sun glasses, gave absurd press conferences, and strutted like  ******.    Peterson acted like a juvenile delinquent.    the judge did not think that they stepped over the line as he did not order them to ‘grow up’ and he did not hold anyone in contempt.    
 
Thus, a jury found Peterson guilty.    It is going to be difficult sell to say that the jury verdict was against the manifest weight of the evidence and therefore the focus of an appeal is going to purely technical.   1) the hearsay evidence and 2) the incompetence of counsel.
 
Brodsky is a citizen of the United States of America and therefore protected by the First Amendment.     It may be heresy to think this way but the attack on Brodsky’s First Amendment Rights is an attack on our rights.    The fact that Brodsky did you wrong and would not stand up to protect your rights is irrelevant.    Any attempt to muzzle another citizen is intolerable.    The credo of America is “I may disagree with you, but I will fight to death to protect your right to do so!” 
 
This is an really important point in the fight against ‘elder abuse’ and ‘financial exploitation of the elderly’ by “judicial officials”      The ARDC and other lawyer regulators was not given any mandate or delegation to silence dissent, protest, or any speech.   The idea that lawyers can or should be intimidated is a novel custom but not a new one.    A lawyer is engaged to represent his clients best interest in an appropriate manner.     He is not engaged to win a popularity contest or develop a ‘fan club.’    The ARDC should spend its time investigating how it is that a Court sans jurisdiction allowed “judicial officials” under its supervision to separate your mother from her liberty, her property, and her human rights.     The ARDC and law enforcement should investigate how it is that a million dollars in gold coins was not inventoried by a ‘judicial official’ appointed by a Court sans jurisdiction.       The ARDC should investigation how in derogation of the mandate of the Article 11a of the Probate Act and in particular 755 ILCS 5/11a – 17 and 755 ILCS 5/11a -18 Farenga, Stern, Schmiedel and Troepe can isolate, segregate, and prevent your mother from calling you or visiting you (or her two siblings).    
 
I am aware Ms. Sykes that the ARDC apparently finds nothing wrong with the aforesaid acts as it investigates Ms. Denison and myself for complaining about the ‘above’ situation, writing to the Attorney General of the United States and other citizens about this situation.    The fact is however, that one wrong does not make another wrong right!     The fact is that Democracy is not a spectator sport and we have to stand up and be counted not only when the Civil rights of friends are being violated, but also when those we do not hold in high regard are also threatened.    
 
Ken Ditkowsky

www.ditkowskylawoffice.com

Some thoughts on the First Amendment by Tim Lahrman

Just so you all know, Tim Lahrman is a great guy who has help many a probate abuse victim behind the scenes.  He is hard working and dedicated.

What he sent me today was this:

Subject: Re: First Amendment

I do not disagree with one thing Ken advocates for or the positions he has taken.   The 1st Amendment is a very interesting and powerful subject
I once wrote a letter to the only elected Probate Court Judge in Indiana and I opened my letter with the fact that the letter was presented in the spririt of the 1st Amendment and the right to freely exercise one’s right of political free speech freely exercised. I cited the applicable articles of the Indiana State Constitution and then I proceeded to tell this Judge he was a bully and that I did not mind calling him out as a bully.  It was indeed a bold letter, some might think even a crazy man’s rant, but nonetheless I had every right to write the letter and say what I did.  I simply called the guy out to be known as a notorious prick throughout the community and asked him if his parents were proud of him and raised him to be a prick —  anyhow,
I have said some bold things to a few judges and authority figures over the years, it is never really enjoyable at the time and I often have no idea where the words come from when I open my mouth, the words just come out and I guess I have just been lucky —–  I am always cautious and mindful not to make any threats, use fighting words and or assert any revenge —-  The Indiana Supreme Court has held that telling a state actor to f*** themselves is free speech, it is a statement that illicits no response.  Moral of the ruling, you can tell them to f***-off, just don’t add to the statement,  what are you going to do about it?   I love the 1st Amendment, its all a guy like me has —–  and never would I care to have a Bar Association license, not in today’s world anyhow …
But my point is this ——  what about the words we don’t hear from the people we are prohibited for associating with — and the words in the hearts and minds of those held in seclusion, secreted from society and from any opportunity to exercise their right to free expression, silenced and unheard from.    What about their words?  Is not this the real reason you find ourselves now arguing and fighting to express and protect your words ??   Why, if it was not for wanting to hear Mary’s words, and witness Mary exercise her 1st Amendment rights, none of us would even be here —- Brodsky included …..

Brodsky and the First Amendment….is the judge right under the First Amendment? Heck no.

Dear Readers;

While I am not all that interested in the Brodsky/Peterson case, apparently there is some bruhaha over the fact the judge didn’t like something that Atty Broadsky said to the press after the case was over and some of you have written me concerned if this is first amendment privilege.

OF COURSE IT IS.  The judge is dead wrong. (Somebody PLEASE send him a “Constitutional Law for Dummies” book–better yet, get a dozen copies for the ARDC attys too). Illinois has plenty of case law saying your attorney can say anything publicly which helps vigorously defend a client.  Many clients don’t want to or just don’t have the abilities to speak to press.  Of course, you can have your attorney do that and no problem.  It should be protected speech under “litigation privilege” (statements made in and out of court), “fair reporting” (try not to get too out of line so it is basically “fair”) and “opinion”.  You shouldn’t have to worry about being sued over something your attorney said on your behalf so your attorney can present the case properly.

I don’t really know what exactly ticked off that judge.  But the judge is clearly does not know Illinois law.  It is my understanding the case was over and Brodsky was talking about some trial strategy.  I think every lawyer talks openly about trial strategy after a case is over.

Peterson’s case is highly unlikely to be overturned–except on the heresay perhaps, but even that is unlikely.

Ken agrees as follows:

Subject: Re: First Amendment
Response to a blogging client:

I am not a Brodsky ‘fan’ and mirror your opinions; however, when the judge sentenced Peterson the case was over.    The appeal is a separate proceeding which has a low chance of success.   In fact if you examine the record you will find that the judge leaned over backwards to give Peterson just about every break.      This judge was like Cesar’s wife – 100% pure and judicial.    He was faced with lawyers (led by Brodsky) who acted as clowns.   they wore similar outfits, sun glasses, gave absurd press conferences, and strutted like  ******.    Peterson acted like a juvenile delinquent.    the judge did not think that they stepped over the line as he did not order them to ‘grow up’ and he did not hold anyone in contempt.
Thus, a jury found Peterson guilty.    It is going to be difficult sell to say that the jury verdict was against the manifest weight of the evidence and therefore the focus of an appeal is going to purely technical.   1) the hearsay evidence and 2) the incompetence of counsel.
Brodsky is a citizen of the United States of America and therefore protected by the First Amendment.     It may be heresy to think this way but the attack on Brodsky’s First Amendment Rights is an attack on our rights.    The fact that Brodsky did you wrong and would not stand up to protect your rights is irrelevant.    Any attempt to muzzle another citizen is intolerable.    The credo of America is “I may disagree with you, but I will fight to death to protect your right to say so!”
This is an really important point in the fight against ‘elder abuse’ and ‘financial exploitation of the elderly’ by “judicial officials”      The ARDC and other lawyer regulators was not given any mandate or delegation to silence dissent, protest, or any speech.   The idea that lawyers can or should be intimidated is a novel custom but not a new one.    A lawyer is engaged to represent his clients best interest in an appropriate manner.     He is not engaged to win a popularity contest or develop a ‘fan club.’    The ARDC should spend its time investigating how it is that a Court sans jurisdiction allowed “judicial officials” under its supervision to separate your mother from her liberty, her property, and her human rights.     The ARDC and law enforcement should investigate how it is that a million dollars in gold coins was not inventoried by a ‘judicial official’ appointed by a Court sans jurisdiction.       The ARDC should investigation how in derogation of the mandate of the Article 11a of the Probate Act and in particular 755 ILCS 5/11a – 17 and 755 ILCS 5/11a -18 Farenga, Stern, Schmiedel and Troepe can isolate, segregate, and prevent your mother from calling you or visiting you (or her two siblings).

I am aware Ms. Sykes that the ARDC apparently finds nothing wrong with the aforesaid acts as it investigates Ms. Denison and myself for complaining about the ‘above’ situation, writing to the Attorney General of the United States and other citizens about this situation.    The fact is however, that one wrong does not make another wrong right!     The fact is that Democracy is not a spectator sport and we have to stand up and be counted not only when the Civil rights of friends are being violated, but also when those we do not hold in

**** end of quote ****

Whatever Brodsky said, the judge was clearly out of line.  Talking about trial strategy after the fact is not privileged or anything else for that matter–but it is clearly protected by the First Amendment.

If we, the public, don’t stand up and say that we have First Amendment rights from time to time, the slippery slope, the wedge with the edge, the skater on ice mountain will find out were our precious rights will end up–being flushed down the toilet.

So write the Department of Justice today, write your Congress person, call for an investigation, tell the ARDC (I’ll put up a page, where to write and email), you want your attorneys to have clear and open First Amendment rights.

Otherwise the constitution can be made into toilet paper for all it’s worth.

And for those of you out there that think what you say to you lawyer will ALWAYS be protected under attorney client privilege, know this, many things are not protected and the privilege is to be construed narrowly and just make sure what you say and write is self serving.

If an attorney learns of the location and existence and type of a murder weapon, those things are not protected by attorney client privilege–only things you SAY are protected by the privilege.  Physical items are not privileged.

SOME clients out there need to learn to always write self serving, polite, civilized emails because they COULD be discovered and a judge or jury might not like it if Plaintiff were rude, obnoxious, uncivilized and crude.  That’s just the way judges and juries are–they get to determine facts and weigh truthfulness with pretty much impunity.  They can make or trash a case.  Remember the Blago team–swearing and acting crude and uncivilized on FBI tapes?  That’s a huge uphill battle for any lawyer, trying to repair that credibility.  Like it or not, there are staunch Christians, Jews and even Muslims out there that HATE that stuff.  And they will spread their distrust and unhappiness with you to other jury members.  Or the judge who is a staunch anything will easily infect a jury.

So WATCH what you say, make certain it is self serving, polite, free of swearing and scathing endless sentences.

If you need to make a point that some atty is a pompous ass, poke fun at them.  Invective, satire and polemic is a tried and true method to keep your reader on your side, make them laugh and get them to repeat what you have said.  A judge and jury that laughs is easier to keep on your side.  You make your point, you make someone laugh and you make someone remember.

More fighting over public lawyer language…..

This time from Brodsky, see the article

 

Public statements made by Brodsky need to go to the ARDC?

The reality is, once the ARDC gets in the business of regulating lawyer language, believe me, there will be no end.  And as we can see from my case, they would rather regulate the language of lawyers than go after miscreants that steal, don’t inventory, represent clients that don’t inventory, don’t bring remodeling, loss of $1 million in a safe depot box–to the court’s attention.  They don’t seem to care if the court is acting without jurisdiction and they only want to silence honest lawyers that report corruption.

Perhaps Brodsky will get a slice of what I’m going through only because the GAL’s and the courts and the ARDC isn’t doing their jobs.  Ken and I are calling for an honest, complete and thorough investigation of the probate cases:  Tyler, Gore, Sykes, Bedin, Wyman by the authorities.

Let’s face it, Brodsky is commenting on Peterson and fighting with a state’s atty–which I believe he has every right to without the ARDC stifffling his speach.  Under SCOTUS and other case law, a lawyer has the right to make whatever public statements he needs to to protect himself and his client from the news.

The judge calling for this disciplinary action should know that.  Jerman case:  Lawyers are presumed to know the law.

Another place for Probate Abuse victims to write….

While perusing the US Dept of Justice website this evening (okay it’s 2 am and I’m sure the likes of JH, SO and JL are sleeping as well as the miscreants, I ran across this info:

GENERAL INFORMATION
Financial Fraud Enforcement Task Force

 Leadership
Eric Holder, Attorney General, Chair
Michael Bresnick, Executive Director
 
 Contact
(202) 514-2000
so please put this information in your webmail address book and start writing ffetf@usdog.gov and see we if can get some interest in the financial and loss of liberty crimes which have been perpetrated on our seniors via the Illinois Probate Court System.
If we don’t all write the Dept of Justice, they won’t know, and today, I found a news article  that a Washington Dept. of Justice attorney went out and actually got involved and helped a First Amendment victim that was a photojournalist who was arrested for merely photographing an arrest of two hispanic suspects!  The photojournalist was put in a choke hold by the police and then dragged to a police vehicle.
see the article at:
The quote from DOJ Attorney Rashida Ogletree was:
The Justice Department warned in its statement, filed in U.S. District Court for the District of Maryland, that that discretionary charges, including disorderly conduct, resisting arrest and disturbing the peace, “are all too easily used to curtail expressive conduct or to retaliate against individuals for expressing their First Amendment rights.” Trial judges, the department said, should “view such charges skeptically.”“The United States urges the court to find that both the First and Fourth Amendments protect an individual who peacefully photographs police activity on a public street, if officers arrest the individual and seize the camera of that individual for that activity,” government attorney Rashida Ogletree wrote.”
You go girl!  Protect our First Amendment rights.
Another heroine!  Sigh.
If anyone can get or find her email, please let me know.  I will try to at least fax her and see if she can provide some help to me and to the probate court victims.
And from the lawyer that represented the photo journalist:
“The fact that the federal government has chosen to take a stand underscores the fact that this is far from an isolated case,” said Corn-Revere, who practices in First Amendment law and communications. “Unfortunately, police departments in jurisdictions across the United States will have to learn from cases like this that photography is not a crime.”

And these are answers to Atty Ken Ditkowsky’s Requests to Admit? More flotsam and jetsam from the ARDC

Dear Readers;

And while all of you are sitting around trying to figure out how you can get your numerous complaints thru the ARDC regarding attys and judges acting badly in probate, the ARDC continues to litigate against myself and Ken.

One of my associates quipped the other day, the reason why they can’t investigate the bad GAL’s is because they have YOUR blog to read everyday.

Well, I have to admit, if I were a lazy, sleazy atty, I’d rather read a blog than investigate cases of corruption, go and pick at seriously greedy, evil and possibly dangerous attorneys who will stop at nothing to deprive grandma of her life, liberty, property, human and civil rights.

What do they say about kids that pick on and abuse animals?  That’s right, when they are done with Spot and Kitty, they then turn into dangerous violent criminals.

Okay, I get it.  A politically connected civil servant job is supposed to be soft a cushy forever job.  A safe retirement from life with health insurance bennies.  Got it.

There is absolutely no way the august likes of Jerome Larkin, Jessica Haspel and Sharon Oprysek are going to sit in a cold, drafty office and work 18 hour days to protect grandma and grandpa from probate abuses.  Not going to happen.  They want to be at the cocktail parties Connors, Stuart, CF, AS, MS throw.

In any case, please pass this on to any newly minted lawyers as something NEVER TO DO.  In a normal federal court, you can expect about $10,000 to $20,000 in sanctions for this discovery horse manue.  In the loosey goosey anything goes civil division of Cook County you will nonetheless get a scowl, a grumble, and if the judge has not had coffee yet, a scathing scolding.

Read this flotsam and jetsam.  Atty JH should be ashamed of herself for filing this and signing it.  Maybe this works in her prior job of state’s attorney and prosecuting poor people without attorneys and who do not know better, but it doesn’t fly in federal court, it won’t fly very far in Law Division and it only belong in Muni where the judge has repeatedly shown he is PO’d over having been assigned to $10,000 cases and he isn’t going to read or grant anything and he hopes the case just dies a slow pathetic death under his tutelage.

ARDC Answers (pathetic) to Atty Ken Ditkowsky’s Requests for Admission

So here are my comments, read on.  The deadline for correcting these glaring errors has passed.  Requests for Admission were served on Feb 1, 2013.  They are due in 28 days or by Mar 1, 2013.  The ARDC did NOT file a motion that they could not answer these, which is required pursuant to Rule 216.  They filed a motion to strike because they did not get a 28 day warning–despite the fact they have 30+ years of litigation experience.

Below are the requests for admit which the ARDC has answered even though everything at the last order was “entered and continued” and the ARDC had requested to “strike” Ken’s discovery.

Again, I have no idea why the ARDC filed a “Motion to Strike” when Ken’s discovery was ordinary and in the normal course of litigation business.  And no matter what you think your case is, discovery, or the process of asking written questions called Interrogatories and asking for documents and admissions of fact, are very, very important to the orderly administration of justice.

It seems the ARDC thinks they’re special.  It makes their case look exceedingly corrupt and suspicious.

I think the ARDC’s responses, motion to strike and their stance in this entire process is utterly intolerable.  Many people have written to me, called me and assured me that they are absolutely furious with the ARDC for “playing games” in their litigation against me.  None of the probate victims on my blog are at all happy with the fact that KDD and I are being made pariahs by the ARDC WHEN WE HAVE DONE NOTHING TO DESERVE ANY OF THIS.

One of the things about this blog and pointing out corruption is noting all the “out of line” issues with what the ARDC is doing.  Ken and I have been engaging in complex litigation for a combined experience of about 70+ years.  He has been in practice for 47 years, and I have been in practice for 27 years.  We know well what is customary and what is not and what is game playing, time wasting and fudging and what is not.

These RFA’s would make a federal court judge’s skin crawl and make him either deem the weasley responses admitted and/or award sanctions.

In essence, no judge–federal or circuit court–would think what the ARDC did was anything close to reasonable.

But we are not before a federal court judge or even a circuit court judge.  What we get is a “panel” or “trio” of judge wannabes, finding their way behind a judge’s desk and judge’s robes without the years of experience.   And, I would suggest, they all seem to be a bit afraid of the ARDC or powers that be.  Handing out rubber stamps (ARDC Motion Granted♥☺♥) is no way to run a tribunal.  In the real world, attorneys are rarely, and only under extreme circumstances, disqualified—EXCEPT it seems in probate and EXCEPT it seems before the ARDC tribunal.

Let’s see if the Trio Tribunal can muster up the courage, take out a loan and tell the ARDC to do their job–even in this litigation, which I believe is bogus because I actually read the Horace Hunter case from the Virginia Bar Association.

So let’s take an overall look at what the ARDC returned.
12  pages of answers–or excuses, I might say.  I am immediately suspicious. Twelve pages of pleading for 20 answers?  All the ARDC had to do was say “admitted” or “denied”, instead there are lines and lines of ridiculous boiler plate.  Young attorneys try to do this to impress more naive clients that will pay for it.  This is just bill churning, but in this case the bill payers are the tax payers of Illinois.

If the ARDC, really, really felt it important to say “overbroad, vague and cannot fairly be answered”, just do it up front and keep it as a continuing objection.  Saves paper, saves trees.  The recipient does not have to hunt for the little word “admitted.”

But the reality is, there was nothing wrong with the Requests for Admission (“RFA”)  KDD prepared.

You don’t need 12 sheets of paper to answer 20 Requests and put in a bunch of repetitive, mindless objections that really don’t apply.

Let’s look at RFA No. 1: (did all proper parties receive notice of the incompetency hearing in Sykes?)

Apparently Lakin was admitted in 78, Hapel in 03 and Opryszek in 92 meaning between the 3 of them have 21 to 24 years of college and 50+ years of experience and not a one of the three can answer a simple RFA, that is based upon the declarations you were send, WAS THERE JURISDICTION IN THE SYKES CASE!!!???

Ken, you know that a federal court judge would deem that admitted, then fry up the attorneys for lunch and burn them in the flame with a nice sanction to boot, besides deeming the RFA admitted.

Jerman:  Attorneys are presumed to know the law.

But that means they had nothing to lose.  They can write up a half page paragraph of lame, boilerplate excuses that the RFA should not be answered, but they refuse to answer a simple question–a question that any other litigant would have to answer or risk severe sanctions.

They know that RFA is true.  BUT THEY JUST CAN’T SPIT OUT AN HONEST ANSWER TO SAVE THEIR LIVES.

8 lines of excuses but they just can’t bring themselves to be honest and say “admitted.”

They pretend to say “I don’t know”, “I can’t figure it out” (honestly, years of college and experience you 3 can’t answer a simple RFA, that’s true and dedicated disingenuity).

Disgusting.

Next we get to RFA No. 2 (facts contained in the elderly sister’s declarations are true)

I have to give the ARDC credit.  I HAVE NEVER SEEN 15 LINES OF WEASLEY EXCUSES of why an RFA cannot be answered.

The RFA was simple, direct and to the point.

An “affidavit” requires an notary.  It is disingenuous to say “the administrator was not present when Gloria signed the affidavit.”  It is the notary’s job to determine who Gloria is and watch her sign.

I have never seen such a lame excuse as this one.

The Administrator should take all the affidavits as true, then apply the law to the facts and somehow, somewhere find a shred, a crumb, an iota of honesty and decency of character and spurt out the words “admitted.”

Again 30+ years of experience wasted on this crew.  30 years, yeah, one year of experience done repeatedly 30 times!

RFA No. 3 (facts contained in Scott Evans’ declaration are true)

See above it should be deemed admitted and the Administrator should be reprimanded for not being honest, forthright and ethical for being unable to state a simple “admitted.”

RFA No. 4 (facts contained in elderly sister no. 1’s declaration are true (YB))

There is absolutely no reason why any one of those 3 attorneys could not walk over to the courtroom of Judge Stuart or call their bff’s– the GALS Farenga and Stern and ask them to send them copies of the Certs. Of Service for Soldini notices to Gloria Sykes, Yolanda Bakken and Josephine Di Pietro.  These Certificates of Service are the crux of the entire case of the ARDC claiming Ken and I lied about the GAL’s and were mean to them, making them cry in their Pull Ups.  The ARDC should NOT have filed the case against me or Ken without it.

Go ahead and ask the probate victims out there what happens when they file a grievance with the ARDC–stacks of responses saying they can’t proceed further because the evidence submitted is insufficient to proceed further.  BUT when it’s a favored atty, they sure as heck can file a 10 page complaint, pretend they have evidence they don’t and stick it to an atty outside the bff clique.

If the ARDC attys can’t be bothered to investigate a few silly little pieces of paper before draft up 10 pages of junk in my complaint and probably another 10 more for KDD, they should not be in this buiness.

RFA No. 5 (facts contained in elderly sister’s declaration are true)

Se my objections to no. 4 above.

RFA No. 6 (the file in the Sykes probate case includes no evidence of service of the notice of hearing upon either elderly sister of Mary, ie, a Certificate of Service by the plenary guardian’s attorney)

Same objections as 4 above.

RFA No. 7.  (that the ARDC has no evidence in its possession that contradicts the affidavit of Gloria Sykes)

Should be deemed admitted.  The question is short, simple and quick to the point.  Either the ARDC has this evidence, or they do not.  They should identify it and turn it over or they should report themselves for failing to make proper investigation prior to filing complaints against honest, ethical attorneys who are disgusted with corruption and the type of vain gamesmanship shown in these answers.

Do they really think I won’t publish this flotsam and jetsam?  Do they really think that the average person will believe that their 15 lines of boiler plate before their “IDK” answers won’t be seen as just an extension of the corruption experienced by Sykes, Tyler, Gore, Bedin, Wyman, etc.?

I bet after each of the relatives of Mary Sykes reads this nonsense, they will be furious.  I bet Wyman will be furious.  I think Gore’s relatives are a bit more composed about all of this, but the Drabik ladies are smart and well educated.  I bet a survey of their thoughts comes up with only one word too–“corruption.”

RFA No. 8. (that even lawyers enjoy the privileges and immunities of the First Amendment)
I’ll give you that, it is a conclusion of law.  But only one sentence is necessary.  The Administrator at least could agree with it–except if the concept is anathema to the ARDC. And there is some argument that this IS law applied to the facts because the ARDC is taking the position that it MUST regulate lawyer speech, even if non-commercial, as this blog is, and they seem to be denying Ken and I our right to free, content based, non commercial, grievance against the government and political speech.  They should have answered the interrogatory.

RFA No. 9 (that all citizens, including lawyers have the tight to communicate instances of corruption to the public)

See above

RFA No. 10. (that the Illinois ARDC has no independent evidence in its possession that statements made by Atty Denison on this blog are not substantially true.  In answering this RFA, the ARDC can exclude the self serving statements of CF, AS, MS, PS, et al.

Good question.  The ARDC either has some evidence and it should identify it and hand it over, or they should just admit they don’t have it and this is a vain vendetta against lawyers who speak out publicly regarding corruption in the courts–something they have openly declared they do not want to hear–despite the fact THIS IS THEIR JOB.  GET ANOTHER JOB.  BUT DON’T SAY YOU’RE NOT INTERESTED in investigating and rooting out corruption.

RFA No. 11 (the  ARDC was not given jurisdiction by any state agency to censor the writings of lawyers)

The ARDC very well knows what it can or cannot do.  It can apply this statement as to its daily operations which makes this a fact based question.  This RFA should  have been answered.

RFA No. 12 (the ARDC must follow court rulings from the Ill. Supreme Court and the Ill. Appellate Court when engaging in determinations of disciplinary actions)

While I would normally have to say this question SHOULD be just a conclusion of law and it is always true, BUT it would appear that Justice Connors said she didn’t have to follow the Illinois Code of Civil Procedure in her courtroom and that begs the question that the ARDC should have to answer it also.  I would deem this one admitted.  The ARDC can blame in on the herpes legal infection they caught from Judge Connors.  It’s a virus that appears to have gone on for more than 6 months now.

RFA No. 13.

AN EXAMPLE OF A GOOD JOB on an RFA.

My question is, what took so long for them to admit they are well aware of this well established law.

RFA No. 14.

This is clearly an example of law applied to facts.  Either the Circuit Court has the documents or it does not.  The ARDC has to make due inquiry.  It has to ask its agents and those persons which it controls.  The ARDC controls both GAL’s Adam Stern AND Cynthia Farenga and it was Cynthia Farenga who filed the complaint and she should be charged with finding these documents on behalf of the ARDC or the ARDC should drop this nonsense on her and AS’s behalf.  (And yes, I am using initials again because I’m tired of typing out those names).  So you go and “make” something out of the use of initials on this blog as if that is some crime, but I’m telling you initials are fine when everyone knows the miscreants and they are long published on the “most wanted” list of NASGA and I’m not the first one to point all this out.  Being “most wanted” by NASGA is not a laudatory position.

RFA No. 15. (the ARDC has received numerous citizen complaints regarding CF and AS)

Okay, that was somewhat a fair answer.  The ARDC is not supposed to talk about “other lawyer complaints”; however, all the question said was “numerous”.  The ARDC could give numbers over the last year, the last two years.  Under 5 would not be numerous, but over that, I’d say this question should be answered in the affirmative. I believe it should have been answered.  If the ARDC can sling the mud, then when it hits the fan they ought to stand there and take it.

RFA No. 16 (the ARDC has taken no action on citizen complaints against CF)

That was a somewhat fair RFA answer. Either the ARDC has filed a complaint against CF and AS or is preparing to file or it is not.  Nothing about that is really privileged.

They could have simply said they were limiting the response to answers made public and then admitted the RFA answer.  The real problem is, they simply can’t spit out the word “admitted.”  You would think someone was pulling a tooth without anesthesia or chopping off a finger the way they spent 15 pages whining about the RFA’s when the response should have been a 2 pager.

RFA No. 17 (that the ARDC has received numerous complaints by AS and CF for lawyers that attempt to investigate the Sykes probate case or who have requested investigation of the Sykes case)

Ooooh.  Now we’re really getting someplace touchy.  If you didn’t like the question, rather than answer it, CHANGE THE QUESTION to one you like.  That is, “we’re only going after Respondent JMD–not CF, not AS which is what dozens of complaints by citizens have been sent to the ARDC.

Would the judge please direct that witness to answer the question posed and not turn it around and answer a question no one asked.

RFA No. 18. (that the ARDC brings complaints against attorneys who only request that law enforcement investigate the Sykes case)

8 lines before the Administrator could cough up the simple word “admits.”

Utterly amazing.  Glad I was sitting down.

RFA No. 19 (that in bringing the complaint against JMD, the ARDC has not investigated whether or not from time to time the Probate division was not in compliance with notice provisions to the alleged incompetent and the next of kin)

Here we go again, 7 lines of BS and no answer.  That’s an automatic “admitted”.

The reality is, based upon what I have heard about probate, it is not an uncommon occurrence for someone to complain about lack of a summons and complaint and/or lack of a Sodini notice.  Certainly the ARDC knows this.

RFA No. 20. (that lawyers, including JMD have a first amendment right to request an investigation of the Sykes case).

The most basic of rights, the most basic of questions.  Never answered.  Should be deemed admitted.

My speech is not commercial, it is content based, political, a grievance against government and should be afforded the highest protect against any intrusion by government.  The ARDC has NO RIGHT TO REGULATE MY CONTENT BASED SPEECH AND THEY SHOULD READILY ADMIT IT and stop playing these time wasting toddler games.

All attorneys are presumed to know the law (Jerman case).  They should know my speech is not commercial.  They should know they have no right to regulate it or control it.

The question is not “vague, ambiguous and overbroad.”  THEY ARE JUST TRYING TO AVOID ANSWERING IT BECAUSE THE ANSWER WOULD EMBARRASS THEM, or even worse, subject them to liability for violating my copyright rights and my free speech rights.

RFA No. 21 (that failure to provide 14 days notice of hearing to the alleged disabled and next of kin deprives the probate court of jurisdiction, and in particular that Farenga, Stern et al. have been deprived Mary Sykes of her liberty, property civil right and human rights and that Mary Sykes is entitled to the “parens patrie” (highest special protections) of the state)

SIMPLE QUESTION, SIMPLE ANSWER REQUIRED.  The ARDC refuses to answer and any judge with a back bone should declare this admitted and dismiss the complaint against me.

This is utterly ridiculous.  The question is simple and straightforward.  All the evidence, the postings, the explanations, the cases–all on the blog.   My blog is transparent.  The ARDC “blog” of posting my complaint is not.

It is filled with half truths and some outright lies propounded in an over attempt to shut me up and stop me from providing any relief to probate victim families who have suffered dearly in cases without jurisdiction, in cases where respondents are forced in to nursing homes against their will, where they are drugged against their will, where they are beaten and sexaully attacked, where the Judges refuse to be honest regarding jurisdiction, where seniors are isolated from beloved family members.

Each of Wyman, Bedin, Gore, Tyler, etc. are furious and rightfully so regarding probate. They have been abused in probate.  Then their loved ones are abused in nursing homes. Finally the ARDC abuses them by saying the attorneys attempting to protect them, who work tirelessly long hours–often 18 hrs per day, for running a blog speaking out against corruption–the only honest and ethical ones in the whole bunch–should be disciplined or even disbarred.

I count 3 levels of abuse.  John Wyman and his mother have experienced 4 (nursing home placement against her will, drugging against her will, probate abuse for lack of jurisdiction, then she must live in another state, fearful to return to Illinois) Then the ARDC attacks his attorney saying she “must be disciplined for lying about probate victims’ cases.  How much abuse can these families stand from our court system and nursing home system?  The ARDC is turning out to be about the 4th degree of abuse to the victims.

These are people that want to live in their own homes and see their beloved siblings and children. They don’t need tied in GAL’s, plenary guardian attorneys or anyone else interfering with their lives.  The abuse just has to end.  Dominic Spera’s mother desperately wants to go home and live with her son, can she do it?  She is now isolated from him and he can only see her one hour 4 days a week and there is no bus service to the nursing home.  Dominic is older and lame and has to walk the 2 miles.  Just as Sharon Rudy about their going home.  I bet the answer is nope.

Time to prepare a Motion for Summary Judgment based upon the fact that 90% of the above answers were not even close to honest, forthright and constituted a reasonable effort to comply with the rules.

The ARDC’s answers, for all of you newbie lawyers and laypersons out there are a complete tragedy and a continuance of the abuse probate victims have experienced in court, and now it continues in the ARDC with honest, ethical attorneys writing blogs about probate corruption and want to know why the system is soooo rigged?

Okay, Trio Tribunal, let’s see if you can take out a loan, buy a back bone and some ethics and tell the ARDC they just lost their case.

Or are you just gonna get out the (I LOVE ARDC rubber stamp and BFF’S FOREVER)

You go for that and see how much worse your Greylord II problem continues and the uproar gets louder.

And for all of my probate victims out there, part of this gamesmanship by the ARDC could end if you would just WRITE THE ARDC, CALL THEM, EMAIL THEM AND TELL THEM THAT YOU ARE DISGUSTED BY THIS BEHAVIOR AND IT MUST END.  CORRUPTION MUST END IN ILLINOIS COURTS AND THE VENDETTA AGAINST LAWYERS THAT SPEAK OUT AGAINST IT, REVEAL IT, TELL THE PUBLIC ABOUT IT.

The reality is, if the public makes a stink and demands that corruption end–even at the ARDC, IT WILL END.

I leave you with that.  The addresses for the ARDC are on this blog.  Their fax number is there too.  If we want corruption to end the public must demand that it end.

In reponse to Horace Hunter, this blog’s new hero–Ken Amends my Petition to the SCOI

You go Ken, now we have the arsenal we require.

This case explains what I do on this blog, your posts on the blog IN CLEAR AND EASY TO UNDERSTAND LANGUAGE–THIS BLOG AND IT’S CONTENTS ARE PROTECTED BY THE FIRST AMENDMENT TO THE HIGHEST LEVELS ALLOWED UNDER THE CONSTITUTION.

This blog represents political speech and content based speech.  This blog does not advertise for business for you or me and my staff. I DO NOT do probate law, except in certain very limited cases (the client must have been rejected by other lawyers for the case being too difficult and/or no money, the client must have no money or limited fund to fight either isolation of a parent and/or lack of jurisdiction).

My main business is elsewhere and I love doing that.

I engage in this blog only to clean up the courts and ensure there is jurisdiction.

Atty Ken’s Motion to Amend my sec 383 SCOI Petition

Thank you Ken. I understand that you have filed a similar Motion to Amend with the ARDC regarding your case.

All you did was speak up for Mary.  You did not post emails on my blog to make money, engage in advertising or commercial speech.  You found an injustice where attys and judges were acting badly and you started to make a stink and fuss about it.  At first you called for an investigation, then you started screaming for an investigation.

Now the blog is screaming, yelling, shouting, kicking up an entire hopping mad toddler tantrum to ensure that justice is done in the following cases:  Tyler, Sykes, Bedin, Gore, Wyman, etc. by means of A COMPLETE, HONEST AND THOROUGH INVESTIGATION.

My Response to the ARDC based upon what Horace Hunter did for lawyers….

Is that guy a hero or what?  I don’t care if all he did was blog about a bunch of criminal court wins. By taking his case to the Virginia Supreme Court, this week he helped out myself and Ken with important findings of fact and conclusions of law.

See my response to the the ARDC based upon this case.

sykesblog-ardc-hunter-Mot2ReconMTD-03-01-13

Of course, I used my Motion to Dismiss as a soapbox for letting the ARDC know that many of this issues complained about on this blog by myself and others are in fact true and they need to be investigated.  Each of Bedin, Tyler, Gore, Sykes, Wyman and others needs and deserves a full and complete investigation.  All of the judges and GAL’s and plenary guardian attorneys land on  “free parking” in the ARDC Monoply board game, while Ken and I are screaming our heads off for an investigation, and all we get handed is the “go to jail” card!

I hope that the Horace Hunter case will result in the ARDC giving us the “get out of jail free” card, or I forget, do we have to roll 3 doubles in a row?  It’s been sooo long. (Actually, no one in my family will play Monopoly with me because I love making up rules, which the rules allow for, but I make them funny like build a lego person, or give up 3 green m&m’s before you can buy a house or hotel, or get any benefit).

take care my good readers, the Virginia Supremes are on our side and I think they wrote an opinion so plain even the lawyers at the Illinois ARDC can understand it.

JoAnne

New and exiciting gift for this blog–The ARDC gets a lesson from the Virginia Bar Assn

Dear readers;

As you know I have been amazingly busy with the ARDC complaint filed against me and all the cases I have where jurisdiction has been lacking but I represent YOU on this blog and via this blog–the person without any money or any hope, or I’m just helping you with free legal advice–cleaning up the mess and corruption we all know is rampant in Cook County Circuit court (well, except for the ARDC in their ivory towers).

On Thursday, the Virginia State Bar Assn just gave us a HUGE, huge gift for this blog, in the decision of Horace Hunter v. Virginia Bar.  I don’t have the cite, but you can google it–it’s everywhere and I’m attaching it here:

Hunter-v-VA-State-Bar-03-01-13

In the above case, Mr. Horace Hunter was charged with atty rules violations for 1) not providing a sufficient disclaimer on his blog (he only had one on the main blog page and the VBS wanted one of those “results not typical” on EVERY post–incredible burden if you’re a blogger, plus who wants to read THAT more than once per decade; and 2) he published the names of clients (horrors) on cases where he won.  The VBS argued this is was “betraying client confidentiality” (as if THAT’s possible on the internet today–get rid of Google search first before you say that one, plus all social media–someone will be yacking about what you did yesterday while drunk or high and can’t recall).

Summary:  the Virginia Supreme Court held that 1)  relating those names on a blog is NOT confidential; and 2) they adopted the trial court’s finding that publishing a disclaimed requested by the Virginia State Bar ONCE on the blog is enough.

You go, Virginia Supreme Court.

So what does all this do to the ARDC’s position?

To get to the nitty gritty details, if you read the Horace Hunger case (I gotta contact this guy), they said that his speech was commercial and not political.  That’s an important difference in the world of SCOTUS and free speech.  Commercial speech MAY be regulated as long as you can show 1) the state has a compelling interest to regulate the speech (the Virginia Supremes found that VBS MAY regulate atty blogs consisting of commercial speech); and 2) there is some compelling problem to be solved by doing so; and 3) the problem is solved in the least restrictive manner.

To begin with, Horace Hunter’s blog could easily be found to be commercial speech.  1) it was on his firm website–not an independent web site; 2) it touted 99% of the time the “amazing results” of the case by his firm; 3) on the blog website it provided contact information for his firm under “contact us”; 4) the cases he was bragging about were only ones done by his firm; 5) only he or his firm could post; 6) there were no public comments–moderated or otherwise; 7) it was clear the blog was 95% used as a way to get clients in an area his firm specialized in; 8) it was part of his advertising and means for profit.

You will note on the “www.marygsykes.com” website, 1) I have dedicated this website to eliminating corruption in the circuit court; 2) I do NOT list or advertise anywhere on my posts to contact me or my firm for “probate work” (Yikes–I’m scared even to think about it); 3) on my regular website, I have my firm phone number, fax number, emails of myself and my staff–even cell phone number, but you won’t find it here and I’m not mentioning it again; 4) I NEVER have advertised I specialize or WILL EVEN DO PROBATE (tho, I will do it, IF I am told no other lawyer will take their case they have been to at least a dozen and it is meritorious and they have no money–but shouldn’t ALL lawyers do this?); 5) the vast majority of the time, even if there is a problem in probate, for free or a donation, I can advise people on HOW TO GET THE GAL’S or other attys in court TO DO THEIR JOB.  When people contact me, most of the time there’s just a lawyer or two or three that’s not doing their job and I’m just an unseen second opinion, once the attys already on the case-generally the GAL sees the client is savvy and just asking them to do the job they were hired to do, they stop getting away with a crap job and the problems are solved; 6) the posts on my blog come from everywhere and everyone–no one is excluded, I only ask that your stuff be readable and verifiable by sending me court documents which I will post; 7)  I allow for and 99% post comments–everyone’s opinion and story is important; 8) my work on this blog is billed (as it should be) to “cost of corruption” published here.  At the end of the year when the ARDC asks for my “pro bono” hours, that’s what I put down.

THIS BLOG IS PRO BONO AND INDEPENDENT.  I do not solicit clients here or want probate work.

I honest can’t say how I would get profitable work from my blog.  It is mostly a drain on me and I do it for you, the reader and for all of us that want honest, decent, lawyers, courts and judges.  It is especially important in probate that everyone does an honest, decent job–despite the fact there may be all sorts of money and profiteering to grab.  By letting the public know what is going on, hopefully we can encourage everyone to be honest, reasonable, stop the isolation of grandma, stop declaring her incompetent without jurisdiction, stop the nonsense in probate court.

I simply don’t understand how the likes of Miriam Solo, Adam Stern and Cynthia Farenga can keep children from their parents or force them to pay $160 per hour from some wired in agency to isolate grandma.  It should be a nationwide scandal and disgrace.

Getting back to Horace Hunter, favorite case quotes:
In this appeal of right by an attorney from a Virginia State Bar (“VSB”) disciplinary proceeding before a three judge panel appointed pursuant to Code § 54.1-3935, we consider whether an attorney’s blog posts are commercial speech, whether an attorney may discuss public information related to a client without the client’s consent, and whether the panel ordered the attorney to post a disclaimer that is insufficient under Rule 7.2(a)(3) of the Virginia Rules of Professional Conduct…….

In response to these allegations, Hunter contends that speech concerning the judicial system is “quintessentially ‘political speech’” which is within the marketplace of ideas…..

The VSB responds that Hunter’s blog posts are inherently misleading commercial speech.
“Whether the inherent character of a statement places it beyond the protection of the First Amendment is a question of law over which . . . this Court . . . exercise[s] de novo review.” Peel v. Atty. Registration & Disciplinary Comm’n, 496 U.S. 91, 108 (1990). An appellate Court must independently examine the entire record in First Amendment cases to ensure that “ ‘a forbidden intrusion on the field of free expression’ ” has not occurred…..

Simply because the speech is an advertisement, references a specific product, or is economically motivated does not necessarily mean that it is commercial speech. Bolger v. Youngs Drug Products Corp., 463 U.S. 60, 67 (1983). “The combination of all these characteristics, however, provides strong support for the . . . conclusion that [some blog posts] are properly characterized as commercial speech” even though they also discuss issues important to the public. Id. at 67-68 (emphasis in original).

However, all commercial speech is necessarily advertising. See Webster’s Third New International Dictionary 31 (1993) (defining “advertisement” as “a calling attention to or making known[;]an informing or notifying[;] a calling to public attention[;] a statement calling attention to something[;] a public notice; esp[ecially] a paid notice or
11
announcement published in some public print (as a newspaper, periodical, poster, or handbill) or broadcast over radio or television”). Indeed, the Supreme Court of the United States has said that “[t]he diverse motives, means, and messages of advertising may make speech ‘commercial’ in widely varying degrees.”…….
Here, Hunter’s blog posts, while containing some political commentary, are commercial speech. Hunter has admitted that his motivation for the blog is at least in part economic. The posts are an advertisement in that they predominately describe cases where he has received a favorable result for his client. He unquestionably references a specific product, i.e., his lawyering skills as twenty-two of his twenty-five case related posts describe cases that he has successfully handled. Indeed, in nineteen of these posts, he specifically named his law firm in addition to naming himself as counsel.
Moreover, the blog is on his law firm’s commercial website rather than an independent site dedicated to the blog…….

observing that “[i]n contrast to the interaction possible in some other forms of web-published information, blog readers are most frequently permitted to leave comments and create threads of discussion”). Instead, in furtherance of his commercial pursuit, Hunter invites the reader to “contact us” the same way one seeking legal representation would contact the firm through the website.

When considered as a whole, the economically motivated blog overtly proposes a commercial transaction that is an advertisement of a specific product.
Having determined that Hunter’s blog posts discussing his cases are commercial speech,
we must determine whether the expression is protected by the First Amendment. For commercial speech to come within that provision, it at least must concern lawful activity and not be misleading. Next, we ask whether the asserted governmental interest is substantial. If both inquiries yield positive answers, we must determine whether the regulation directly advances the governmental interest asserted, and whether it is not more extensive than is necessary to serve that interest.

While the States may place an absolute prohibition on inherently misleading advertising, “the States may not place an absolute prohibition on certain types of potentially misleading information, . . . if the information also may be presented in a way that is not deceptive.”

Because the VSB’s governmental interest is substantial, we must now determine “whether the regulation directly advances the governmental interest asserted.”
Finally, we must determine whether the VSB’s regulations are no more restrictive than necessary. Central Hudson, 447 U.S. at 566. The Supreme Court of the United States has approved the use of disclaimers or explanations.

Thus, we are called upon to answer whether the state may prohibit an attorney from discussing information about a client or former client that
19
is not protected by attorney-client privilege without express consent from that client. We agree with Hunter that it may not.

a criminal trial under our system of justice.” Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 573 (1980).
Moreover,
[a] trial is a public event. What transpires in the court room is public property. If a transcript of the court proceedings had been published, we suppose none would claim that the judge could punish the publisher for contempt. And we can see no difference though the conduct of the attorneys, of the jury or even of the judge himself, may have reflected on the court. Those who see and hear what transpired can report it with impunity. There is no special perquisite of the judiciary which enables it, as distinguished from other institutions of democratic government, to suppress, edit, or censor events which transpire in proceedings before it.
Craig v. Harney, 331 U.S. 367, 374 (1947).

…. a lawyer is no more prohibited than any other citizen from reporting what transpired in the courtroom….

This means that Hunter’s disclaimers “shall be in bold type face and uppercase letters in a font size that is at least as large as the largest text used to advertise the specific or cumulative case results and in the same color and against the same colored background as the text used to advertise the specific or cumulative case results.” Rule 7.2(a)(3). The circuit court, however, imposed the following disclaimer to be posted once: “Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.”

So my work on this blog is “content speech” or speech which is not regulated and should be afforded the highest protection in all state courts, federal courts and tribunals throughout the nation.

Based upon this decision, both atty Ken Ditkowsky AND myself have filed amendments to our Petitions to the Supreme Court of Illinois AND have filed Motions to Reconsider our Motions to Dimiss!

Clearly all of Ken’s emails regarding the following cases:  Bedin, Taylor, Gore, Sykes, Wyman are NOT commercial speech!  All they do is call for an investigation by the authorities.  Further, each and everyone of our emails, faxes, letters calling for an investigation, letting me blog freely in court, requests to let me blog freely in court, be a court watcher–is protected speech of the highest levels for which the government AND the ARDC has absolutely no interest in regulating.

I am not using this website to advertise for my “real” practice of patents, trademarks and copyrights.  I use this website SO THAT WHEN I GO TO COURT THERE WILL BE NO CORRUPTION PRESENT AND JUSTICE WILL BE DONE.

None of the cases that I write about and my readers write about are to brag for advertising for me.  Let me make this clear to the ARDC.  I have never said I want to be in probate court, I have never advertised to go there.  I GO THERE AS A LAST RESORT, GENERALLY WITH NO PAYMENT OF MONEY, AND I DO JUSTICE WHEN AT LEAST 20 OTHER LAWYERS REFUSE TO GO THERE DUE TO THE CORRUPTION, RAILROADING, LACK OF FOLLOWING BASIC COURT RULES.

When asked by the National Law Journal Reporter if I had “plans to take this blog down”, I pretty much screamed at her THERE’S NO WAY I WILL TAKE THIS BLOG DOWN WHILE THERE IS CORRUPTION IN THE COURTS–WHY SHOULD I?

This blog is about injustices and corruption.  It is NOT profitable, it is a time waster and money drainer for me and my firm and my staff.

I like writing patents and doing patentability searches, I really do.  You can ask my staff.  I love it and obsess over it.  BUT I will NOT stand idly by and let horrendous crimes of loss of human rights, civil rights, loss of consortium with beloved friends and family members by nefarious tied in guardians that get “watchers” at $150 per hour or more to go on WITHOUT MAKING A STINK.

That’s what this blog is all about MAKING A STINK FOR GRANDMA until justice is done.

This blog is completely separate from what I do as a patent attorney.  IT DESERVES THE HIGHEST LEVEL OF PROTECTION BY ALL COURTS AND TRIBUNALS THROUGHOUT THE US–INCLUDING THE AUGUST ARDC ATTORNEYS–ATTY LARKIN, ATTY HASPEL AND ATTY OPRYSZEK.

And I will not rest until the corruption is gone and the ARDC STARTS TO ADMIRE AND RESPECT THE FIRST SPEECH RIGHTS OF LAWYERS IN THE US–myself and Ken included.

We have to promote lawyers speaking out against corruption, on blogs, in the news and in public.  That speech cannot and must not be chilled even if the ARDC buys a 1000 refrigerators for it. (I gotta start doing political cartoons too).

Take care my justice loving readers, as Shakespere said “even the worm can turn.”

JoAnne

 

And the breaking news from the ARDC today is…..

Not very exciting.  They basically spend taxpayers dollars to tell me they won’t email anything and they don’t have efiling.  As you are aware, I also asked them for some time to chat about the case and get some information from them, but their letter seems to imply they’re not much interested in that.

See the letter below

Letter from ARDC that they DO NOT do email

and my and Ken’s reponse is below.

Dear Jessica and Sharon;

I sent a copy of my email to Ken, and he suggested the below, and you know he’s right, so I’m adopting that too as my response to your letter.

He thinks I should make it clear the two of you need to write up a complaint against yourselves for not investigating Mary Sykes who has been deprived of her liberty, property, human rights, civil rights and deserves to go back home and live with Gloria as she had for 10 years. The missing funds should also be investigated.  There is a money trail you know.  It’s all on the blog and I know Gloria has sent the ARDC numerous complaints only to have them end up in the huge vortex of ARDC circular files.  John Wyman I know has sent complaints to the ARDC, or I have for him.

I also have to add in Carol Wyman and Katherine Spera and atty Sharon Rudy and atty Kim Timmerwilke McKenzie who know these case are without jurisdiction.

Did you get John Wyman’s book?  I knew right away when I read that book there was jurisdiction clearly lacking because the hearing was to be on 7-9-09 but on 7-6-09 the hearing was set to that same day, without notice to anyone and Powel Wyman, a known abuser was appointed Guardian.  Amazing, utterly amazing.

Dominic Spera’s complaint will be forthcoming soon as we determine the massive damage Sharon Rudy has foisted upon him and his family, and poor Katherine Spera most of all who sits in a nursing home where she never wanted to be.And yet the ARDC does nothing about it.

I hope and pray someday the ARDC will take these horror stories of deprivation of liberty, property, human rights and civil rights seriously.  These are not just the elderly, frail and infirm but they are human beings whose rights should never have been violated in the first place.

thanks

joanne

cc:  http://www.marygsykes.com

 

Dear ____,
The Illinois ARDC has a mission to address unethical conduct on the part of attorneys.    This mission arose to a great extent out of the Greylord era wherein a large number of ‘judicial officials’ and others were tried and convicted of serious crimes while the mechanism for protecting the public failed.
The mandate to the ARDC was not to ‘lord it over’ the members of the legal profession, but to protect the Rights, Privileges and Immunities of All citizens.    As you are totally aware my blog is 99.9% accurate, however, the pleadings that you have filed are misleading and unethically attempt to deny me my Rights, Privileges and Immunities.      It is obvious that if you did a scintilla of investigation you would have determined that the ‘so called’ “judicial officials” have for more than 3 years denied a ‘senior citizen’ of her liberty and property rights.    Indeed, you would have ascertained the jurisdictional requirement of 11a -10(f) has not been complied with and as determined by the Supreme Court of Illinois the ‘judicial officials’ have been appointed by a Court lacking jurisdiction.
Let me respectfully suggest to you that pursuant to my Himmel responsibility let this letter be a formal complaint against both of you for not informing the panel when you knew or should have known that the jurisdictional criterion of 755 ILCS 5/11a et seq, and in particular 5/11a – 10 had not been following.     The ‘games playing’ of nitpicking my discovery request is interesting but just compounds the unethical behavior.  The unethical conduct of attempting to deny me my First Amendment Rights is repulsive and abhorrent.
Mr.Ditkowsky on my behalf as filed with the Illinois Supreme Court a motion for a supervisory order.   The rationale for this motion is very simple – This is the United States of America and last I heard there were some basic propositions that were in full force and effect i.e. you are I are equal before the law, and I have an absolute right to complain and speak out against the evil of a 90 year old lady being sequestered in the home of a person she appropriate claimed to have abused her so that she (Mary Sykes) could be denied her liberty and property by order of a Court that lacks jurisdiction.    I as an America have a right to speak out and ‘blog’ to the public this act of terrorism by the “judicial officials’ who were appointed by a Court lacking jurisdiction.
Simply put – if you have evidence that my blog is untruthful – let’s see it.   If you have no evidence as a public employee having a fiduciary relationship to the public admit your error and dismiss this obscene disciplinary action.
Ken Ditkowsky

www.ditkowskylawoffice.com

Dear Jessica;

I just got you snail mail letter today and please confirm that there is nothing else you have sent me since the last pleading I received which I believe was (gotta check those scans) your motion to strike discovery.

The reason why I ask and I have to use email is basically our postal lady I think is blind and walks very slow with a limp. I think she has trouble with our building because she has to walk up 5 stairs.  She’s real nice and all, but she does skip days and she often puts the mail in the wrong slot, which wouldn’t normally be a problem, except for the fact that some of the tenants in our building are architects and we have Claire Simon here and many of them are either out of town for days, or they only work a few days a week.  I’m sure she has a family to feed and all so I don’t want to complain about her because she’s nice.  But statistics are that 95% of the mail gets delivered in 5 days and the rest is unknown as to where that goes. 

So please do not depend on my mail because you will be sorely disappointed.

Since I do patent work and deal with high tech companies and inventors most of the time, 95% of my correspondence is via email so I don’t have a problem with the mail situation in my building.

Also, I am adopting Ken’s Discovery because I think he did a really good job and he is a wonderful, wonderful lawyer.  Don’t you agree?

Let me know if you want me to file a formal appearance with respect to that Motion to Strike so the discovery can get done.

I can redo the part about not having the warning. Do you really want that?

Of course, if you request it, I can snail mail your stuff.  But I hate it when attys tell me (and this happens more frequently than one might think) “I didn’t get it” and then it’s a do over and everything gets pushed back.  Arrrrgh.

Besides all of this email and efiling will be coming any day now, I’m sure so we all have to be prepared and Johnny on the Spot (or is that Jane on the Spot too since 1972 and the EEOC!)

Hmm, just wondering.

So, just let me know.  And I’m also looking forward to a little chat about this case with you ladies soon, so let me know when we can do a little coffee or tea talk.

And I am looking for a new attorney specializing in First Amendment rights, I send out about 20 emails a day but so far NSL.  Most just respond and have a few words (or paragraphs) about your complaint I will not repeat here.  Some cannot be published.  I also have received quite a few phone calls, but no takers yet on the rep thing. I will let you know first thing though.

thanks and take care and have a blessed day

joanne

cc:  MaryGSykes blog