Today I got to do another “pretrial hearing”? but it was not a pretrial hearing.  I think they said it was some “pre-evidence conference or something.”

But it was amazing. Totallly fascinating.

First of all, the ARDC as you know is not at all computerized.  I email attys Jerome Larkin, Sharon Opryszek and Melissa Smart and get nothing whatsoever back from them.

I get it, who wants to prosecute honest and ethical attys merely blogging on corruption and injustice in the Illinois Probate Courts?  After all, it’s a perfect opportunity to put that little jerk atty you don’t like as headliner of the case and then WHAM!  Burnt and crisp, under the bus they go.

The City does it.  About 5 years ago, the City was under a Shakman mandate (and if you don’t know this name Google it and Wiki it for how atty Shakman has helped tremendously the State of Illinois, the County of Cook and the City of Chicago by saying that govt jobs, 95% of them must be filled by (get this) the best person, with the most experience for the job because tax payers are paying for it.  Novel concept.  Well, probably not.  There is actually a federal law to that effect, but clearly ignored in the land of selling senate seats and more Illinois governors going to prison for corruption than not, but I digress.

5 years ago, the City hired some lawyers and told them, please sign off on certain candidates for a job saying you interviewed them, reviewed their resumes, said they were the best, but you don’t actually have to do all that stuff.  They really are good friends of us all and deserving of these jobs without those nasty ideas of “best person, most experience, most education, best interview” getting in the way.

Well, when the fit hit the shan, 5 attorneys were chosen as scapegoats and 3 of the five disappeared to other countries and the other 2 went to club fed med.

I figure all this stuff is just a matter of time and the attys that are persecuting me and KDD should either know or strongly suspect it’s just a matter of musical chairs before fits are hitting the shans.

Note that all 5 attys were “told” to do something they knew or should have known wasn’t right.  Attys are presumed to know the law.  Jerman.

Getting back to the ARDC today, the one thing that still absolutely amazes me is that the ARDC is attempting to engage in complex civil litigation (free speech rights, free association rights, SLAPP considerations, the Illinois Citizen Participation Act, Copyright Infringement, Copyright cease and desist letters unanswered for months, etc.–but THEY HAVE NO SYSTEM OF COMPUTERIZATION.

To add insult to injury, I frequently (as you know, email attys Opryszek, Larkin and Smart, who are supposed to be working on my case) and I get NO RESPONSE.

So, what was most of our time wasted on?  The fact that the ARDC is not computerized, I have filed a number of complex pleadings and we were to touch on the status of each one during the phone call, but there were so many and nothing was computerized so we did not get thru the full list.  SO also had a tendency to skip the stuff she did not like, eg. copyright infringment.

So I made a list:

1. SLAPP/CPA motion where you get attys fees if someone sues you for defamation but you were exercising your first amendment rights.  The Chair said he would get to that next time.  I was able to launch into a speech about how it is not a dispositive motion and that it is a statutory mandate, remedial in nature and meant to protect first amendment rights and the ARDC should comply.

2.  KDD’s pleadings.  Well, I have no idea what all Ken filed, and there is no Pacer or electronic pleading system and I told the Chair I could send someone out to the ARDC to do an old fashioned file check each week, which I thought was wasteful because the ARDC isn’t really even in the loop or downtown and it’s a hike for my law clerk David.  So he told SO to get all the pleading together (I have at least a one foot stack on my conference table), I begged him that I could look thru them and not kill trees–I personally love trees, but he said no, David should pick them up when ready and SO should email me.

3. I never received a copy of the rules for disciplinary pleadings and in particular the one that says you can’t do dispositive motions before the “evidentiary record” is complete–whatever that is, I don’t think there is any case law.  This is not a procedure found in state or federal court so I don’t get it.  So I told the chair that if he were going to deny my Motions to Dismiss for Failure to State a Claim and my Motion to Renew the Motion to Dismiss for Failure to State a Claim, I wanted to either enter and continue them until the “record was complete” OR I would withdraw them.  He kept on trying to deny them, and I told him if he was denying them, I would withdraw them.  Finally he asked SO if she had any objection to my withdrawing them, and she said “no”, so they were withdrawn.  The downside to this is that I will have to refile and serve (assuming Pacer does not come to the ARDC), wasting a lot more paper and trees, which I find to be very objectionable.  Pixels do not die and they don’t clean the air, but again, I digress.

4. I finally got to some other issues, the Notice of Copyright registration, the lack of the ARDC responding to my cease and desist letter, which, btw does NOT have to be filed, it just needs to be served on your opponent and the Chair said he would “think about that” for the next status on May 7, 2012 at 2:30 pm.

5.  The Chair said he would also rule on the motion for clairification on May 7, 2012.  I think SO actually admitted they answered KDD/my Requests to Admit, but I’m not certain.

You have to admit, from a common sense standpoint, the forced withdrawal of motion and need to reserve and file Motions that weigh a ton makes no sense.  We can only hope and pray that Pacer gets into the ARDC.

Some things not talked about due to the confusion, two dropped persons from the conference call (ever hear of Skype?), are as follows:

6.  Where is KDD’s transcript from September 2012 because I want to study it.

7. Can I get a transcript of this call because everything was so confusing and there is no computerized method for pleadings like federal court or law division in circuit court.  And in fact, exactly how does the request for transcripts work.  Is it like probate where if the GAL’s or judge don’t want you to get something embarrassing they just “take a long time even if expedited”, “they are lost”, “they are stolen”, “they are inexplicably missing.”  The only court I have been in where all that happens on a regular basis is probate, tho I’ve heard family court is about as bad.

Federal court has been amazingly organized since 2012.  The judges make the parties submit an agenda.  If there are questions about the pleadings, those are popped up for the court on the computers via Pacer.  Half of a one hour status is not wasted on what was filed, who got what, what are we doing and when, etc.  It just gets done.

A federal court judge would NEVER, ever put up with such nonsense.  Even a law division judge would have found this “pre-whatever” call to be amazingly strange and disorganized.

The chair kept on complaining that he got my pleadings minutes before the conference call, but we in fact served them the day before. That’s not my fault they are not computerized.  I told him I posted everything on my blog and he had plenty of time to read them.

He responded (and I have to laugh) we can’t go by a blog.

My response, “why?”  too efficient, too organized, no games to play, too transparent.  Pick one or more but don’t whine to me.  Not interested.

I have a blog and it’s transparent.  You think I’m not being fair, send me a comment and I’ll post it and make this blog as fair as possible.

Personally, I think they’re all being set up and they’re sooo busy being out of it…..they don’t notice the guys with the wires straight to the FBI.

 

These games of overt corruption and gamesmanship only go on for so long,  Then someone gets burned and finds themselves under the bus.

As for me, seeing what is going on in the city, county and state, I would never, ever work as an atty for any of the three.  I know I would be the first to get burned and tossed under the CTA bus.