To the ARDC Sharing is Caring–and S.Ct. Rule 33 pertaining to Writs of Cert. can involve a lot of sharing

To: Sharon Opryszek Ill ardc <sopryszek@iardc.org>, Melissa Smart Ill ARDC <msmart@iardc.org>, Administrator Jerome Larkin <jlarkin@iardc.org>
Cc: Illinois ARDC <illinois.ardc@gmail.com>, Yusuf Naqvi <yusufnaqvi@denisonlaw.com>
Subject: Documents needed for filing with SCOTUS
Date: Apr 30, 2013 3:11 PM

Dear Sharon

I  would appreciate your sharing the ARDC files with us on an ASAP basis. We are about to file our Writ of Cert to the US Surpeme Court and Rule 33 Requires that everything be retypeset to a 4.125” by 7.125” format and then placed in 6.125″ by 9.25″ booklets which are duplex printed.  (Rule We would like to present as many relevant documents as possible to the US Supremes.

I have not heard from you.

I have set up illinois ardc to send emails to, share documents and sort them for the status calls.

I need your docs in .wpd or .doc or other original word processing document files to do this properly.

For the nth time, counsel is supposed to cooperate during litigation and exchange documents and files for a decision on the merits.

In response to my Petition for Writ of Cert you will need to do the same thing and I am not inclined to share when you have refused repeatedly to do so.

I would appreciate it if you would respect my needs for original document files the way that I always do for opposing counsel.

I thank you in advance for your prompt cooperation.

I am also cataloging the 554 pages of file you sent me and will post and return a table of where the docments start.

thanks

joanne

PS–I’d send this to Chair Yee because he was the one during the last status call where you agreed to accept my emails and answer them to move the case along, but he thinks that stuff sent to opposing counsel and him is exparte.  Very interesting.  I wonder who told him that.

JoAnne Denison
Denison & Assocs, PC
1512 N. Freemont St, #202
Chicago, IL 60642-2694
Patents, Trademarks & Copyrights
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Someone today asked about the “tone” of my final email to “the tribunal” and Attys Sharon Opryszek and Melissa Smart

Dear Readers

Someone today asked me about why the “[severe} tone” of my last and final email to “the Tribunal” and SO and MS.

this is how I responded and I hope we all hone our tones!

take care and have a great day

JoAnne

Date: Mon, 29 Apr 2013 09:34:07 -0500
From: jdenison@surfree.com
Subject: RE: Your order from April 26, 2013 and great idea, let’s all have tones!

Dear *******

You are sooooo adorable and cute!  Like a darling little stuffed puppy dog I just want to hug and kiss!

tone?   you think I have tone?  don’t you think they deserve a swift kick in the butts?  both the ARDC and the tribunal are playing games and their behavior is clearly out of line.

I’m not their stuffed puppy dog to kick around.

I represent you, me, all the lawyers and all the people kicked around by the ARDC and ‘the tribunal”  (hmmm, people used to say when I said the Commissioner–ooh, that’s like Batman, right?  and I said “yep”.  “Tribunal” kind of sounds like kids playing Cowboys and Inidans and you were the Indian and you had to report how many cowboy scalps you got and it it wasn’t enough, next time you stay behind with the sqaws and mashed corn meal.  Okay, that was funny.  But I digress)

They’re all lawyers, if they wet their pants, they don’t belong doing this stuff.

Dominic Spera spent a year on the street homeless, eating out of garbage cans, eating once per day or less, sleeping on the street, living in the park, stinking like hell, when he went to court the baliff said “why do you want to represent this guy, he has no money and stinks?  I told the baliff he’s not the first stinky homeless person I will represent and he will NOT be the last, and besides Dominic had a constitutional right to be in that court and he (the baliff) did not–all the while attorneys were taking $30,000/yr from the estate in fees and withholding his joint account from him–some $150,000!

Dominic has a tone.

You want to hear about John Wyman’s tone with the courts nearly killing his mother?  Down 2 pint of blood and near death she escaped from one of the absolute worst nursing homes in Rockford.  Her diary shows near daily abuse–sexaul and physical with visual bruising.  The 2 days before she escape, she received an especially brutal beating from staff member.  John Wyman and Bill Wyman tried to get her out of one of the worst nursing homes and were all threatened with arrest AND a protective order from doing that.

Yep, John and Bill Wyman have a tone.

When I represented JB and the hospital wrongfully used a guardianship proceeding to evict her mother from their facilities due to their own malpractice and non discovery of cancer clearly on a diagnostic test 3 years ago and instead of sending her to cancer rehab (they said she would be dead in 6 weeks so why bother–but Dolores lived nearly another 2 years–without cancer rehab), okay that tone was crying.  JB cried and I cried with her.

I can hardly wait for my hearing.  I’ve got tons and tons of people who want to speak out against this abuse and corruption in the courts.  People try to report it and are repeatedly told to “be quiet” in court.  Dom and I were waiting patiently in court and several family members stepped up to the bench over clearly some visitation dispute, and one woman was repeatedly told “not to talk”, “be quiet.”  The judge never told her to put it in writing, or even give her 30 seconds.  Nope.  Nothing.  It was particularly interesting because there was a dispute over when 2 girls were supposed to take “meds” during a visit or something, and it turned out the girls were teens and the “meds” were Paxil or something–clearly not FDA approved for teens and another snicker.  The judge never even asked about it.

How many times has Gloria been told to “be quiet” while a court runs without jurisdiction for over 3 years destroying her life, taking all her money and property, wrongfully evicting her, sending her mother to a miserable place to live in Naperville, selling all her assets, repeated misrepresentations to the court on a wide variety of levels.

Why would I care?  Why should I care?  I don’t get paid for 98% of all of this.  My parents are safely dead now with no GAL’s to churn their estates.

But I speak up for YOU for what could happen to YOU and YOUR mother given the right set of circumstances (greedy out of control relative OR attorney, greedy uncaring probate attys, GAL a judge that turns a blind eye).

My question is why don’t YOU have a tone, write to the ARDC and DEMAND justice?

My other question is why doesn’t the Tribunal and Jerome Larkin, Sharon Opryszek and Melissa Smart either do something about all this greed, evil and corruption or why don’t they quit their jobs in disgust of prosecuting and persecuting honest attorneys?

They have blocked my emails pursuant to court order, next it will be my faxes.

You do see a pattern, don’t you?  Probate victims try to talk in court and they are told to “shut up.”  Gloria was told repeatedly to “shut up”, then she started filing things with the court and the court ignored them.  I want to speed along my trial and get to an evidentiary hearing by the use of email, Pacer or at least Google docts and I am told “don’t do that.”

Thank you very much for your email.

I do appreciate your sharing.

We all need tones, hundreds of tones, toning loudly against injustice.

okay to publish I assume?

thanks

joanne

A new email for the ARDC

In an effort to try to stop all the problems with the ARDC not answering my emails, claiming I am somehow serving pleadings wrong when I am in fact serving them properly PLUS providing email service, PLUS bending over backward to cooperate with them in all this–personally delivering an original and 3 paper copies to their offices which aren’t even conveniently located in downtown, and I want valid proof of service on a public server which they have access to so they can’t claim they did not get something.  Then they falsely say I engaged in “exparte”communications when I did not–I emailed all counsel of record at once.

I’m trying to think of a way to solve all of this.

I also hear from all of you out there that it would be easier to email the ARDC your comments.

It would be nice to share documents with the ARDC.  I have asked them for numerous documents and have yet to receive them.  For example, where is KDD’s transcript from last September?  It only takes a couple of weeks to make a transcription.  The ARDC disqualified him on a bogus “conflict”, so why can’t I have the transcript if in effect, this is an admission it is pertinent to my blogging case?  What’s up with that?

What do I get from my emails and faxes?  Silence.  Silly court orders accusing me of things I have not done and would not do–BUT note the ARDC has done a few of them.  Interesting.  No court orders to the ARDC when they’re falling off the rules wagon.  But when they don’t want to answer my emails or faxes, they make stuff up and put it in an order to make it look like I did something wrong when I clearly did not.

So my great idea is this.  I got them (and us really) and email address we can all share.  It is illinois.ardc@gmail.com and I’ll give them the password so they can share documents, I can email them and if they don’t want to check their email, that’s their business, but at least I have proof of service and have offered to share my documents and this blog and now we have a efiling bulletin based upon the documents they have sent to me.

great idea, eh?

solves the petty squabbles.

they are just soooooo much trouble.

I’ll call sharon and leave a voice mail on her phone with the password and melissa too.  Next, I’m sure I will hear I can’t call or fax them, (they have never, ever answered any of my faxes — not to even complain they don’t want them)

At least I’m trying and I’m creative.

But of course we know it all goes back to the root problem–they are trying to prosecute two honest attorneys.  There’s just no where to go with that one.  It’s a headache.  I work day in and day out trying to help the probate victims and I don’t ask for anything they cannot afford, and my services are donated 90% of the time because, well folks, this is court corruption.  Attys should be ashamed of it.  And we’re not talking about a bad decision on the merit–nope.  This all goes the core or crux of our democratic legal system–lack of jurisdiction, lack of service, fraud, theft, embezzlement flowing from that one, strenuous isolation of elders without explanation. Problems too numerous to mention here and well documented on this blog and many, many other probate blogs.

Now to the new email:

om: JoAnne M Denison <jdenison@surfree.com>

To: Illinois ARDC <illinois.ardc@gmail.com>
Subject: Sharing documents for Scotus Petition attn Sharon O. and Melissa Smart
Date: Apr 28, 2013 12:20 PM
Dear Sharon and Melissa;

Please share whatever documents you have that are the word processing files for your pages 1 to 550 which are now up on the blog.

As you are aware, we are preparing Writs of Cert to the US Supreme Court on the issue of free speech, free association and blogging.

Your prompt cooperation is greatly appreciated.  I would be glad to share whatever you need to me to share but will put most of the documents up there.

I will be sending back the papers you sent me because we scan and shred everything and perhaps you have some use for these, I don’t know.

I will be sharing the Sykes blog documents with you on this email for your convenience.

I would be great if we could just cooperate on document sharing, emails and getting this case decided on the merits.

Ken is in Scotland, so no worries from him.  It’s just me now, but I find all this fascinating.

thanks

joanne

JoAnne Denison

The mysterious Record of the ARDC

For some reason which I don’t understand, the ARDC does not have its pleadings computerized at all.  Not even one little bit.  KDD was booted off my case, leaving it in a mess, and it’s still in a mess because no one knows who has what, the pleadings stack about a foot high.  Atty Sharon Opryczek sent me a stack of documents which have page numbers at the bottom and I think it’s a current docket table, but even that’s clear as mud.

The problem with a stack of documents is you can’t tell where something begins and something ends and there are no page numbers on her table.  Most of it I have seen before.  I don’t see anything the ARDC wants from me and that makes sense because this is a Complaint about BLOGGING.  This Blog is transparent and complete in and of itself.

So eventhough I asked SO just to scan everything in and email it to me, she is uncooperative, as usual.  She claims “the ARDC doesn’t do that”–but that’s absurd.  I don’t believe for a minute they don’t scan in THEIR stuff and organize it.

The case is quickly become complex.  SO has refused to answer my emails and then I get the order that implies I had an “exparte” communication with the tribunal, when in fact I did not.  Further, the order says I can’t email, but I looked in the “Rules” book and there is no rule that says that.  All attorneys scan and email pleadings to day.  We just don’t have the room or time for stacks of paper.

ARDC v. JMD Record to 042513 p1 to 100

ARDC v. JMD Record to 042513 p101 to 200

ARDC v. JMD Record to 042513 p201 to 300

ARDC v. JMD Record to 042513 p301-399

ARDC v. JMD Record to 042513 p401 to 499

ARDC v. JMD Record to 042513 p 501 to 549

Now, here are the unanswered emails for April that the ARDC tribunal issued an order 1) they implied I had an “exparte” communication when in fact I did not and all counsel of record were emailed at the same time and 2) that I cannot email the chair–though there is no rule preventing that as long as I email opposing counsel at the same time.

And I don’t want to leave people with the impression that attorneys fight this aggressively during litigation over form, format and procedure and file bogus motions to disqualify when they are not entitled to them.  They clearly do not. 90% of the time, attorneys email pleadings, cooperate in discovery, act in an honorable fashion.

BUT you know that someone is tweaking stuff when odd things like this happen.

Unanswered emails sent in April 2013 (I will also post the ones January to March so you can see those).  Again, this is my disclaimer: 95% of the time counsel work together and decide cases on the merits–not with this crass gamesmanship.

Unanswered emails from the ARDC

Just when you all thought this might be getting boring….. read on…. a blast to the ARDC for all their recent donkey doo doo

I think many of you have already seen on this blog the fights I had with Adam Stern and his puppet masters to keep me from blogging with a laptop on the 18th floor.  Many of you wrote and called me to cheer me on.  And then the sword of Damocles fell and Presiding Judge Timothy Evans passed the “Denison Rule” that the hoi poli cannot use laptops, tablet or any electronic device to take notes in court because, get this, “gangs” might take pictures of witnesses.

Okay, even the public is not that stupid. The public wrote me right away and said they never saw a gang member in court because uh, the concept of a gang is founded on the notion that they engage in criminal acts and that’s how they make their money.

I have never seen a gang member on the 18th floor of the Daley center, nor in law division, nor in muni.

So, it’s the “Denison Rule”.

Next, I find out there is a “Ditkowsky Rule”.  Apparently when the ARDC when after Ken for trying to investigate the lack of jurisdiction in the Sykes case (they charged him with writing a letter to Dr. Patel and telling Dr. Patel he wanted to get medical records so that he could investigate and then file an appearance–of course a certain miscreant–GAL Cynthia Farenga told Judge Connors that Ken said that he signed and filed the appearance–she actually answered the Judge’s question for him, when it fact he did not and the letter made it clear he did not.  Further, the court lacked jurisdiction, the younger daughter GJS had a POA for health care for her mother and he was acting under that.  Getting back to the topic, when KDD got charged, he filed a number of “dispostive” motions or motions that basically said the ARDC did not have a case.  First he filed a Motion to Dismiss for failure to State a Claim, then he filed a Motion for Summary Judgment against the ARDC and other dispostive motions.  They must have hit a raw nerve (and I’m sure KDD stepped on their last raw nerve) because apparently in Sept of 2012 the ARDC passes a rule saying no dispositive motions until the evidentiary record is complete.

Now the problem with that rule is, when is an evidentiary record complete?  This is a system and format not found or laid out in the Federal Rules of Civil Procedure nor in the State Rules of Civil Procedure or anything I have every found.  Okay, let’s Fastcase that one.  Just did.  “evidentiary record” and the word within 8 words “complete” and nothing.

What this really means is the ARDC has set up a standard that is not found in case law and therefore can never be attained.

Convenient for them.  NOT convenient for attorneys speaking out and blogging about corruption.

It means we are screwed by this rule.  I guess the ARDC won’t just come out with a rule that says if you are a respondent, you are screwed because we make up impossible rules and standards not found elsewhere.

In any case, I have been told I have no choice, I have to do all this, but it drives me nutz.  I don’t get to stop yet.  I get to give everyone that’s a miscreant a prick in the butt.

So I keep on going.

See the attached order

Nonsensical Order from ARDC 042613

Now see my response.

You know, I read on a blog that someone thought “I was really angry” about the complaint by the ARDC and he said he thought that I had a right to be.  I don’t think I am angry, just disappointed.  Very disappointed.

To: Sung Yul Lee Chair ARDC hearing panel for my case <slee@edwardswildman.com>, Sharon Opryszek Ill ardc <sopryszek@iardc.org>, Melissa Smart Ill ARDC <msmart@iardc.org>, Administrator Jerome Larkin <jlarkin@iardc.org>, Atty Michael Shakman (emails of the innocent redacted–not of the miscreants)
Subject: Your order from April 26, 2013
Date: Apr 28, 2013 2:14 AM


Dear Chair Lee;

I just received your order from April 26, 2013 and I am most disappointed on a wide variety of levels.  It is amazingly wrong on a myriad of levels.

First of all you say “pleading must be filed and served in accordance with ARDC rules” and I have busted my butt to make 4 copies of everything, have someone run them over to an office on ecologically improper landfill (which your building rests upon–it should be wetlands, but I digress) and you have received always an original and 3 copies.

What per se, do you believe was not filed with an original and 3 copies which was NOT a pleading?  Let me know and I will file it by having someone walk it over there with an original and 3 copies and a copy each for MS and SO.

This has always been done.

Second, you say that “ex parte communications with the Chair are not permitted” but the reality is, I have never sent any ex parte communications to you–everything has been cc’d to MS and SO and even the blog where everyone can see it.  I always do this on cases, and you’re the only “judge” that has complained about it.

The ARDC is NOT transparent.  It does not post on a blog nor does it put pleadings on a blog or any other bulletin board type of system.

As a result, we waste half of our “status calls” over what was filed, can we look at it, can I see it on the internet, etc.  It‘s completely inefficient and a waste of time and as outdated as the use of carrier pigeons and buggy whips.  Why not just send me an order mandating smoke signals because perhaps one of you is an American Indian?

I am a patent attorney, my background is in engineering. Day in and day out I have clients that are trying desperately to advance the state of art in business systems and technology and I find the ARDC, you and SO and MS are simply acting to the contrary to the advancement of technology business and computer science.  My daughter wants to be a chemical engineer, my son has fixed cell phones, built computers and has advanced the art since single digits of age,he is now a math and science student at SIU and yet you all want to trample on advancing science and technology in the US.

Do you even realize how frustrating that is for me as a patent attorney?

Do you know how many times I have to suffer and hear all sorts of people (wrongfully) say that the US is NOT a leader in science and  technology and computers when in fact it completely is?

In the US we file and issue more patents each year than any other country on earth.  Today I believe most of those are in the business/computer technology arts.  I file mostly computer and science and business patents for my clients.

And yet I see the ARDC issue orders such as these?  Denigrating math, science, computers, technology, the  promotion of these with young children–those that lead our future?

I show your order to my son and daughter and they laugh at me.  They think that lawyers are luddites.

Finally, I HAVE NOT ENGAGED IN ANY EXPARTE COMMUNICATIONS and I am highly offended at your insinuating the same.

You and SO and MS know where your “delete” keys are, you know where in your email software where “blocking” is, you even know how to write a nice email saying, thank you for your communication, please be sure to also place it in the mail and file it with the court.

And then finally, how is it that Leah Black gets away with a true exparte communication and there is no order after SHE did that?  I told her from the get go Ken Ditkowsky was going to represent me.  Then she calls me up on the phone and wants to talk with me.  I am taken aback because I already told her that KDD was to represent me. She continues on with a threat she is going to (wrongfully) disqualify him, and that’s what happened!

You and I and SO and MS know the disqualification was bogus.  I have practiced for 25+ years and have NEVER been able to do that to another attorney, but you guys just go and get what you want the way you want, no reading cases or anything.

My only questions are:

1) why is this happening?

2) why is no one questioning the lack of jurisdiction in Bedin, Wyman and Sykes.  Wyman and Sykes are up on appeal. If the appellate court does its job, the cases will be dismissed for lack of jurisdiction, then what?  Will the ARDC apologize to myself and Ken?  What about Bedin?  It is in the law division now because the court and the GAL’s attempted to proceed without jurisdiction to evict a woman mis-diagnosed from a hospital with cancer?  What happens when the Bedin family wins that one?

3) you think you can hide.  You think you can issue these orders.  You think you can say “please no technology” we need to hide.

But I will put it all on the blog.

The public is not stupid.

I did NOT become a lawyer and study for years and work hours and hours without pay for my clients so that other lawyers can prosecute/persecute me and my clients can find no purchase in the courts.

If you don’t like my emails, then delete them and ask me to put them in a “report to the court”, but don’t go and issue these timewasting orders.

You lost the battle back in 2000 when the Federal Courts went to e-filing and e-service.  Then the law division did the same.

Now Dorothy Brown issued an order all attys are to put their emails on pleadings to advance litigation.

You yourself (unless my cell phone connection was really, really, bad) asked SO several times during the last status call to respond to my emails.

I litigate all the time and we just exchange pleadings via email, and correspondence for routine matters is always done by email. All the attys cooperate.

There is NO RULE IN THE ARDC RULES THAT I CANNOT EMAIL ALL OF YOU.  Again, I have busted my butt to get my original and 3 copies over to the filing desk when I have to file papers,

You want a rule, get a rule passed.  We have the KDD rule (I note none of you admitted to that one) that there are no dispositive pleadings before the “evidentiary record” is complete–whatever that is.  No acknowledgement of any of that.

Timothy Evans now has clamped down on first amendment rights because I faxed him over and over again I want to blog and take notes on my laptop in court.  I supposed that’s the Denison Rule.  He said to send my complaint to the “head of security“.  I did and the “head of security” never responded and when I called him, he passed the buck back to Timothy Evans.

I guess you need another “Denison” rule.  No emails to any attorney at the ARDC nor to the tribunal

What exactly WOULD be your justification for that one?

But then why this?

Why me?

All of this makes no difference to me.  You can disbar me, you can tell the world you think I’m a crappy attorney.  The reality is, the ARDC has absolutely no good reputation in family law or with the probate division.  All the blogs report you as a CYA and KMA organization.  Your original mission was to root out and investigate Greylord type issues.  Now you are afraid of the words Greylord and corruption.  You are afraid to say we need to go after attorneys that terrorize probate victims.

What are you going to say to Dominic Spera?  Turns out Sharon Rudy took $150,000 out of a joint account as GAL and rendered this guy homeless and penniless for a year.  He was sleeping on the streets, in the parks, eating out of garbage cans. When I first went to court, the only atty that would represent him and “go up against the system” for no retainer, the clerk had tears in her eyes.  I did too. The arrogant bailiff only said, well “he stunk”.  I told him, smell or not, Sharon Rudy made him that way, and he has a constitutional right to be here and you do not.

Go ahead you all and look the other way at human misery.  Pretend it does not exist.  Pretend my blog does not exist and it is all lies.

If that’s how you can sleep at night, go for it.  As for me, my clients cry and I cry.  I have cried in court, have you?

thanks

joanne

cc:  blog at http://www.marygsykes.com

and for filing in a “report to the court” when I get around to it.

JoAnne Denison
Denison & Assocs, PC
1512 N. Freemont St, #202
Chicago, IL 60642-2694
Patents, Trademarks & Copyrights
Email me at JoAnne@Denisonlaw.com
Cell Phone 773-255-7608
Work Ph 312-553-1300
efax 312-376-8842
See our website at www.DenisonLaw.com

Department of Justice Report on Elder Absue and Exploitation

From Nancy Vallone, an important document to read.  It’s quite sad because it documents widespread elder abuse in the nation, with little action being taken.

Report by US Dept. of Justice concerning Elder Abuse

It’s pretty much an eye opener on the status of the disabled and in particular seniors in the US.  With 56% of them owning their own homes, there seems to be a ready post for the nefarious.

New page–links to other court corruption websites

While I have often wrote about the fact there are other great websites out there that provide information and advice on what to expect when you get into probate court, I now have a page link to other websites.  Probate Sharks is owned by Bev and Ken Cooper and is based upon their problems and travails in probate court. Both of them have tons of experience and knowledge there.  Their story involves strenuous isolation, Miriam Solo, Judge Kowamoto, the usual theft, conversion and embezzlement, but their case also involved murder of the senior.  While before this blog, I didn’t think it was possible to look the other way while a senior was starved and dehydrated to death in a nursing home while a kind, caring relative wanted to take the senior in, I learn a lot from my blog.

Another good one is NASGA or the National Assn to Stop Guardian Abuse and you can find tons of stories there on a nationwide basis and news articles.  Plus, my favorite feature is their “most wanted” list, or one where they list all the judges and probate attorneys and GALs that are “best to avoid”.  The “most wanted” list is not a laudatory position.

Email me if you know of more of these and I’d be glad to post them for you