Let’s see which Probate Court does better–Rockford or the 18th floor of the Daley Center

Dear Readers

As you may or may not know, John Howard Wyman has written an excellent book on the Probate court in Rockford, and his harrowing experiences there.  If you don’t have a copy, please go out and get a copy.  Out of stress and strife, John Wyman has done a great deal of good by writing a book on his experiences in order to help YOU, the people who have been denied justice in an Illinois Probate Court.

While I am not going to provide you with much comment on this case because there’s no reason–the pleadings speak for themselves, I did want make sure you have the pleadings in case you face a similar situation.  Therefore, I am publishing all the documents in that case, namely,

John’s original Motion to Dismiss for Lack of Jurisdiction (Sodini)

JHW – Motion to Dismiss for Lack of Jurisdiction – filed Aug 31, 2012

Attorney Sharon Rudy’s Brief in Response

SRR – Response to Motion to Dismiss for Lack of Jurisdiction – filed Sept 14, 2012

My Reply Brief, filed yesterday:

JMD Reply Brief–Motion to Dismiss, Lack of Jurisdiction (Soldini)
The transcript from the last hearing in which I argued that the Motion to Dismiss IS in fact an emergency because everyday someone lives under a guardianship without jurisdiction is a day she has been deprived of life, liberty, property, human rights and civil rights without due process of law, which is a constitution violation under the US and Illinois state constitutions.

Transcript of hearing 8/31/12 re Emergency Motion to Dismiss or Nonsuit due to lack of Jurisdiction.

I will be ordering all the transcripts today.

I am also publishing the hearing date, time and place of September 28th, Court room 217, 400 West State St, Rockford Illinois, Judge Fabiano  at 11:00 am so all the Probate groups can come out and watch and publish.  This should be a major victory for the Probate groups.  If the Honorable Judge Fabiano does her job, this should be a dismissal/nonsuit QED.

Judge Fabiano will be our heroine.  She can then tell all the other Illinois probate judges to carefully check and question that all adult children, siblings and parents have been given notice of the date, time and place of hearing, in writing, 14 days in advance of the hearing.

thanks

JoAnne

I am publishing this because PLEADINGS SHOULD BE PUBLIC.  The Rockford Court house has been given about 80 million dollars so far to get their court records computerized, and so far, nada.  Attys cannot upload, the public cannot download and the system, like the Cook County system, is an electronic dinosaur.

I hope to also get all the transcripts and publish them for you in the Rockford case.

While I am actively involved in the case, I will refrain from commenting on it, you can still get the book (on Amazon), and read the pleadings and transcripts because I intend to do the job of the Illinois county courts and make them all public, as they should be.

thanks

joanne
PS – If you are having any problems opening the above links, try downloading the software for Google Drive–just google it.  If that does not work, please email me and I will try to help.

Summary of Procedural Errors in In Re Mary Sykes

From KDD:

I wonder if another letter to Judge Evans, Judge Stuart, the two Illinois Senators, the Judicial Inquiry Board, the ARDC. Gov Quinn and the Chief Judge of the Illinois Supreme Court might cause a stir!

Maybe you could ask as a concerned citizen how the actions in the Sykes case can be reconciled with the Sodini case.   For instance the Petition does not comply with the statute.   It is missing the names several people who are required to be named;  i.e., Mary’s two sisters.    The petition requires the disclosure of ‘powers of attorney’.   There are none.   755 ILCs 11a – 7.   Of course 755 ILCS 11a -10 (f) requires service on the ‘near’ relatives.   These are Gloria and her two aunts.   Neither was served.
If we get more basic, how come the proceeding was brought in Cook County – at the time of the filing Mary was residing in DuPage County.    (755 ILCS 11a -3)   The statute uses the world ‘shall!’
Sodini mandates that these technicalities are jurisdictional.   No jurisdiction means no valid court orders could issue after Dec. 7, 2009.
If you look at section 18, the treatment of a disabled person is mandated – Isolating a disabled person from her younger daughter, he siblings, her friends, her activities is beyond the scope of authority.   Indeed, the statute appears (section 18) is very clear that the plenary guardian is specifically prohibited from denying a disabled person her liberty, her property, her civil rights and her human rights.    The affidavit of Mr. Evans that was attached to my answer demonstrates how perverted the process has become in Illinois.
What is scary is the fact that if the process that was followed in Gore, Tyler, Wyman and Sykes as examples were to be followed in the case of Romney or Obama each of our presidential candidates could have Carolyn Toerpe as their plenary guardian.   Adam Stern could then and there tell the Court that Mr. Obama and Mr. Romney did not wish attorneys, Dr. ****** or **** could testify that he administered the mini-mental examination and combined Mr Romney and Mr. Obama scored 12 out of 44 and therefore neither has the capacity to care for themselves and need ReHab assist to look out for them 24/7.     Cynthia Farenga can tell the Court with the same degree of certainty that she exhibited in the Sykes case that Mr. Obama was delusional when he said that he was the President of the United States and Mr. Romney has a vivid imagination when he claimed to have been nominated by those imaginary Republicans to be their nominee.   After all – it is unethical to confuse her with the facts – she has made up her mind, and besides everyone knows that there are no Republicans in Cook County.
In all seriousness we need an ‘honest’ comprehensive and complete investigation now!    I really would have trouble with Mr. Obama having Carolyn as his plenary guardian.
Ken Ditkowsky

This is what happens when Justice comes “from a list”

Dear Readers;
This is in response to my assertions that Mary should not have to continually beg and plead for an attorney to get one, or make a complete stink, that she should be allowed to see her former attorney Ken Ditkowsky freely, that he should be allowed to help her and the Probate Court’s assertions that a Probate Judge, such as the august Judge Connors requires that a ward “really need” an attorney then she would appoint one.  Of course, the GAL’s are appointed “from a list”, any independent counsel, if some ward really made a stink and it somehow got back, would not have their counsel of choice, but would have someone appointed “from a list”–which does absolutely no good, may as well have two GAL’s, oh that right, that already happened– and Judge Stuart’s assertions before a tribunal and Adam Stern’s that a ward cannot contract for an attorney is absolutely not supported by the case law.  Of course, they’re both “from a list.”
Further, court supervisors are appointed “from a list” and are not chosen for their thriftiness, nor do they work for free, as here where the court has taken away all of the other daughter’s money, and the GAL’s threaten family members they cannot see Mary if they don’t tow the line.
The court is “from a list”, the GAL’s are “from a list”, anyone who speaks out if there is something wrong will require a supervisor “from a list” and you can’t get independent counsel because they won’t be “from a list”.
But the $1 million is well documented, not investigated and everyone “from the list” sticks together to deny an elder of her life, liberty, property, human rights and civil rights–clearly those must only come “from a list.”
I submit for your consideration that when justice “comes from a list” it is justice denied.
Read on for further ideas from KDD.
JoAnne
Now, from Ken:
The probate act is intended to be non-adversarial.   In other words, the community is intended to come together to protect the elderly, the lame, the sick, and all who are unable in one way or another to help themselves.   The intentions of the act are good.   The history of the act goes back to basic Judio/Christian dogma.
The idea of fiefdom for any individual is alien and the idea that the civil rights of an individual would be forfeit by the Act is heresy.  Unfortunately, the GAO report, the Sykes case and the others related thereto,i.e. Gore, Tyler, etc  illustrate the avarice is a cancer that has pervaded the best of intentions.    The idea that is advanced by Farenga, Stern, Schmiedel, et al that these guardianship proceedings are ‘secret’ rituals to be closely supervised by the elite (obviously themselves) is nothing short of pornographic.    755 ILCS 11a -18 makes it clear that if a guardian is to appointed the guardian does not have carte blanche – the guardian is an ‘angel’ whose appointment is intended to carry out the wishes of the ward in the highest fiduciary manner possible.
As Mr. Stern testified – the guardian is given absolute discretion to govern the life of the ward, including but not limited to isolating the ward (elder abuse) from family friends, willy nilly making the assets of the estate vanish, and punishing the ‘Gloria Sykes” who oppose the arbitrary governance of the ward’s estate.
The letter of NASGA to Judge Stuart that called attention to infamy that was being perpetrated in the Sykes case should have been welcomed by the Court and an immediate investigation should have followed.    The idea of ignoring the citizen report was and is intolerable.   Persons paid by the public are not anointed.   The are not better than the rest of us peons.    The government employee whether a judge, a guardian ad litem, etc is a ‘public trust’ and impacts a duty.    The fact that Farenga, who ignored her duty repeatedly, made denials that Carolyn had sequestered and ignored not inventorying approximately a million dollars in collectibles (Au Coins), when Carolyn has not denied the same is obscene.    The fact that Farenga and Stern knew that Carolyn was drilling the safety deposit box and could not be bothered to find out what was in the box is equally obscene; however, to not report the allegation to the Court and suggest that the allegation is imaginary when both neglected to observe or properly call for an investigation is pernicious.    I do not have to state what I think of the attempts to deny First Amendment rights and to silence the protest of the alleged “theft” and the what followed.
In these cases in which a senior citizens rights, privileges and immunities are compromised (and in many cases forfeited)  the failure of a Court to give credence to all public protestations of possible corruption is reprehensible.   The attempts at ‘cover up’ are intolerable and require law enforcement at all levels to conduct ‘honest’, comprehensive, and complete investigations instanter.    Justice Marshall, and Lord Mansfield are turning over in their graves!   Buck vs. Bell and Dred Scott are alive and well in the Probate Division.   Shame!
Ken Ditkowsky