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

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

It’s just so refreshing to hear from a supporter that’s a Bar member

and tells me not to use his name because it’s “too risky.”

Love it, well I’m taking the risk for all of you out there.  Keep me in your thoughts and prayers as this case develops.

From: JoAnne M Denison [mailto:jdenison@surfree.com]
Sent: Wednesday, February 27, 2013 10:24 AM
To: C — C—–
Subject: Re: corruption

Dear C_____;

OKay to publish your comments?  Withour without your name?

I have a real battle with the ARDC and you know they are on very shaky ground with my blog.

thanks so very much for your support and keep on reading my blog.  I unearth more and more stories everyday.

take care

joanne

—–Original Message—–
From: Anonymous
Sent: Feb 27, 2013 11:05 AM
To: joanne@denisonlaw.com
Subject: corruption

Good on you Joanne.  I have practiced for 40+ years, during most of which I have been frustrated with courts who, though not patently corrupt, are at the very least guilty of benign neglect while paid fiduciaries, their minions and their representatives looted the estates of the helpless.  Until recently, in [state redacted] private fiduciaries were given a free hand until corruption was exposed in M**** [county redacted] County.  Corruption is corruption whether active or passive.  We need real reform.  Hang in there.

Signed [name and address redacted]

From Joanne;

You know its a sorry state of affairs in the “land of the free and brave” when even LAWYERS are afraid to speak out against corruption, patent or covert, begin or active–it’s all the same.  JUSTICE WAS NOT DONE.  Judges that don’t follow the laws, GAL’s that tell the court uninventoried assets are imaginary rather than conducting an investigation.  Seniors kept wrongfully from their homes in guardianships lacking jurisdiction.

Day in and day out I hear these stories, some I can publish, some I can redact, some I cannot because the families are too embarrassed, fear reprisals, whatever, they ask me not to publish their stories so I don’t.  I live with their horrors and their injustices.

Atty Ken Ditkowsky’s email to Peter Schmeidel, Cynthia Farenga and Adam Stern

From: kenneth ditkowsky
Sent: Feb 26, 2013 7:05 PM
To: JoAnne Denison , Cynthia Farenga , Peter Schmiedel , Adam Stern
Subject: FYI

JoAnne,
We were surprised when we discovered that we have to wait until March 1 to file things electronically.     [Please note, dear readers, the SCOI issued an order but forgot to change the “efiling instructions” online.  They still read that efiling to SCOI is available starting 02-12-13 when in fact they issued a subsequent Order to delay this to March 1, 2013] This afternoon, Larry delivered the paper copies to the post office and they will be delivered tomorrow.    Yesterday, I caused to be e-mailed to Farenga, Schmiedel and Stern as interested persons a copy of the Motion and the exhibits.    We also sent each a paper copy.    The postman is going to get a hernia these things are so heavy.   We also sent copies to the ARDC attorneys and the Administrator.     If there is anything that does not arrive, Larry will be happy to e-mail copies.
That said, copies were electronically sent to law enforcement as the prime purpose of the Motion is to get the Supreme Court to force the legal profession to ‘honor’ the First Amendment as it is core of our civilization and to order an honest, complete and comprehensive investigation of the Mary Sykes affair.    As the Supreme Court has acknowledged that jurisdiction cannot exist unless 755 ILCS 5/11a – 10 is followed this situation may also be a fifty and fourteenth Amendment matter.    We have therefore forwarded a copy to the Civil Rights division of the Justice Department.
Frankly, I cannot see any justification for this facade to continue on.     Everyone knows that the 10(f) Sodini notices were never given and thus our judicial officials were appointed by a Court that lack jurisdiction.     Thus, they are not ‘judicial officials.’     For the record – that is not a threat!   It is fact and at this point in time they run but they cannot hide.   It is still not too late to do the ‘right thing!’      Mary is alive and still wants to go home and still wants to rejoin her sisters, her family, her younger daughter and he garden club.    As I told Gloria – there is no percentage in asking the ‘judicial officials’ to do what is right.   Too bad.  (I copied each of them in the hope that they would allow Mary her life back for the few moments that she has left and so that they know what I sent them and if there is a document that they did not receive all they have to do is call Mr. Chambers at my office)
Ken Ditkowsky

http://www.ditkowskylawoffice.com/

More flotsam and jetsam from the ARDC

Well, in the continuing vein, if you don’t have a real case, the ARDC just snail mailed me this (uuugh–snail mail, who uses it unless absolutely forced to do so?)

ARDC Motion to Strike Discovery Requests

You know, most attorneys know you have to answer Requests to Admit so they will not be automatically deemed admitted by operation of law.  You’re all supposed to do a Notice of Filing and file them in Cook County Circuit Court and then also file the Answers that way because there have been tons of argument over when they were served and when they must be returned under the seminal case of Bright v. Dicke

The ARDC should know all that.

But apparently, that is their grounds for striking Ken’s perfectly good discovery.

I have never pulled that one before and I’m not going to.  Unless opposing counsel answers them late, I’m not going to kick up a fuss. Most of the time, there’s a judge there noting the fact you are just being petty. At least that’s my experience.  Unless it’s substantive, don’t mess with it.

One of my biggest issues is not serving everything by email and asking if someone needs a paper copy (ie, a need to waste paper and trees), and if you’re going to serve discovery, at least turn over the original documents so answers can be typed directly in.

Other than that, who cares about trying to get rid of discovery. It gets you to the merits of a case quickly and it SHOULD be used.  Freely, without pettiness.

I have no idea why the Administrator is fighting discovery and does not want any.  It makes absolutely no sense to me.

And they could have asked me first if I wanted to file an appearance or strike my discovery–I would have replied I’d file an appearance for the purpose of moving along discovery, if they wanted that.

So tomorrow, we need to wast more trees, pixels and what not and get this done–even though I have actual clients to help out who are laboring under a lack of jurisdiction in Probate court.

I have real matters to attend to.  And if the ARDC thinks that by flinging paper at me, somehow these cases will suddenly attain jurisdiction because I am distracted, they have another thing come.

I work all day, late every day, late into the night.  And then I get up again the next day just to be sure some august senior of ours is not deprived of life, liberty, property, human and civil rights.

Perhaps the lovely ladies at the ARDC think this will never happen to them–they will never be the little old lady with a paid in house, paid up bank account, assets, safe deposit boxes, and along comes a greedy aspiring plenary guardian ready to jump in and engage in all the horror stories you, my readers have written me about.  The most shocking by far is operating a court without jurisdiction–no summons and complaint, affidavit of service, no Sodini 10(f) notices to all your relatives.  Only the greedy, no need to inventory relatives will get that notice.  Someday they might be in Carol Wyman’s nursing home, being sexually assaulted at night for days in a row, wanting to go home, but being shot up with Risperdol, Halodol–held down and fighting it–all against her will.  And then finally, with a severe loss of blood (down one pint and near death), she is severely beaten with a face and torso full of bruises and she manages to escape and her beloved sons–John and William drive into the night 1200 miles cross county to save her.

The ARDC ladies say I am lying.  I am not.  Everything I have said to you all is true and the proof is up on this blog.

Want the proof of the nursing home beatings upon Mrs. Carol Wyman?

Carol Wyman Beating Report

And someday when the likes of Atty Jessica Haspel, Atty Jerome Larkin, and Atty Opryszek are in a nursing home (and we KNOW how dangerous those for profit places are) and they don’t want to be there, and they are beaten and sexually abused and they want to go home, but they have no money because someone uninventoried THEIR wealth conveniently and secretly and the GAL’s pipe “it’s imagined, it’s imagined” to the court,

YOU KNOW I WILL BE THERE FOR THEM AND THEIR CHILDREN.

and don’t think you all are immune, I already know at least 3 attorneys with wealthy fathers and mothers WHOSE PARENTS WERE PUT INTO A NURSING HOME BY A STATE GUARDIAN, THE GUARDIANS ARE FEASTING OFF THE ESTATE, AND MOM AND DAD ARE BEING ISOLATED and their advance directives were they never wanted to go to a nursing home.

Don’t think because you’re an attorney, you are immune.  These attorneys did well in court, were well liked by judges, but the minute they stepped into probate their world was turned upside down.

And don’t think for a minute the attorneys at the ARDC will come running to your rescue and do your junk for free and believe in the justice of it all.  For every 10 attorneys coming through my office, 95% look the other way and don’t want to get involved in doing something for free that is difficult, complex and with the ARDC on my back, dangerous.

Very few do what Ken and I do.

JoAnne

Response to ARDC–don’t let them sleep, don’t let them rest until Mary Sykes and Carol Wyman are back in their own homes!

Mary Sykes wants to go home and live in her own home.  So does Carol Wyman.  But the State of Illinois sponsors the senior relocation program to another place and sells the home they have loved and wanted to live in until they die–all under a program called “guardianship without jurisdiction.”

The ARDC looks the other way, a source tells me the JIB (Judicial Inquiry Board) is worthless and hopeless.

So what do Ken and I do?  We rally!  That’s right, when the going gets tough, the tough get going.

Read on and enjoy.

LawOffices
KENNETH DITKOWSKY
February 12,2013
Ms. Myrra B. Guzman
Attorney Registration & Disciplinary Conunission
130 East Randolph Drive, Suite 1500
Chicago, IL 60601-6219
Re: Honest, Complete, and Comprehensive Investigation
Dear Ms. Guzman;
Thank for your letter of February 11,2013.
5940 W. Touhy, Suite 230
Niles, IL 60714
(847) 600-3421 Telephone
(847) 600-3425 Fax
Email: kenditkowsky@yahoo.com
The content of the letter surprises me as quite obviously at this point in time the ARDC knows that for the past 3+ years a senior citizen has been denied her liberty, property, civil and human rights by proceedings that were in direct violation of the law. As a ‘senior attorney’ for the ARDC, you, Ms. Black and the Administrator were all aware ofthe Illinois Supreme Court statement;
“The court acquires jurisdiction over the allegedly disabled person by personal service upon him of a copy of the petition and sununons not less than 14 days before the hearing. (11 1. Rev. Stat. 1989, ch. 11O~, par. 11 a-lO( 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. 110, par. 11 a-I O(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).
I trust that at this point in time the Administrator has examined the Court file in Sykes and discovered that Ms. Gloria Sykes and her two aunts (all of whom were entitled to 14-days notice) never received the notices and in fact they were not included in the petition to which in fact severed Mary Sykes from her liberty and property interests. It
therefore follows that the actions and conduct of Ms. Cynthia Farenga, Mr. Adam Stern, Mr. Peter Schmiedel and a host of other lawyers is not only questionable but might be criminal.
I note the ARDC is quick, without a scintilla of evidence to aver that the messenger is lying; however, when the transcript of Ms. Farenga’s testimony is written and exposed to clear light of daylight it will be again revealed that she testified that she was not present when Carolyn Toerpe had Ms. Sykes’ safety deposit drilled and the substantial number of gold coins disappeared or at least were not inventoried. (see Ms. Gloria Sykes’ affidavit). Thus, as Ms. Gloria Sykes (who was an owner ofthe safety deposit box) and her aunt both have
pointed out the size and the contents of the container containing the coins that was removed (and not inventoried) and Ms. Farenga (but not Ms. Toerpe) has been denying the existence ofthe collectibles is it not the duty of the ARDC to do an honest, complete and comprehensive investigation of 1) why Ms. Farenga is denying a fact that she has admitted to knowledge concerning, and 2) how attorneys have not investigated the
disappearance of property belonging to a person who has without jurisdiction been deprived of her liberty and property?
• Page 2 February 12,2013
It is rather suspicious that the only disciplinary proceedings that are taking place are those involving the messengers, It is suspicious that ‘judicial officials’ who continue to act for 3+ years in derogation of the clear statement of the Supreme Court of Illinois (cited supra) are given immunity while the rights of both Ms. Denison and myself have been trampled. It is suspicious that the clear prohibition on attempts to silence ‘content’ based speech are ignored by the ARDC in invor of filing groundless disciplinary complaints against
the messengers who are duty bound by Himmel to report the conduct of Farenga, Stern, Schmiedel et al.
Very Truly Yours
Kenneth Ditkowsky
KKD/lgc
Cc: clients

Ken we need to send cc’s to the FBI.  I think you are right the FBI had all those documents but kindly returned them when Gloria’s appeal was due.  Where else could they have gone?

Where to comment on my blog—

While my blog is exploding, there are some places that everyone can comment.

http://www.abajournal.com/news/article/lawyers_blog_posts_about_sleazy_world_of_probate_bring_ethics_complaint/

Is a great place to post your comments.  Do you know anything about corruption in probate?  Better yet, what do you know about first Amendment rights and the right of an attorney to blog in court so the public knows what is going on?

http://lawandmore.typepad.com/law_and_more/2013/02/joanne-denison-hit-with-ethics-violation-now-that-blogging-is-mature-medium.html

another place to comment–

http://www.abajournal.com/news/article/lawyers_blog_posts_about_sleazy_world_of_probate_bring_ethics_complaint/

http://lawprofessors.typepad.com/trusts_estates_prof/2013/02/attorney-faces-possible-disciplinary-action-for-her-blog.html

http://blogs.delphiforums.com/glenashman?entry=1191

http://www.globallegalpost.com/global-view/patent-lawyer-in-hot-water-over-blog-64101574/index.cfm#.URMrMPIYqd4

Post away and have fun.

I was also on “Cooper’s Corner” tonight with Bev Cooper and that show was live and will air 250,000 North Shore households over the next week or so.

I will post the video here when it becomes available.