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From MK: the Marian Kornicki story Guardianship destroying lives

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Guardianship Destroyed My Family

By

 Marian Kornicki

 –

January 10, 2022

42

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November 12, 2021, was a great day for Britney Spears and a great day for justice when a judge freed her from a conservatorship that controlled every aspect of her life. It was definitely something to celebrate, but it was also a solemn day because Spears had had to endure a more than decade-long nightmare orchestrated by her father and others. It was a solemn day, because there are at least a million other, less famous, individuals who are still trapped in exactly this kind of arrangement.

Guardianship is an alarming threat to everyone’s health and welfare. In secret in a judge’s chambers, one’s rights to make personal and financial decisions can be stripped in moments. It is very widespread, but little known, although because of Britney Spears’ chilling testimony last summer and the persistence of the Free Britney Movement, this practice has been catapulted into the public’s consciousness.

That is what happened to me and my parents. Our mistake was filing for guardianship, which others used to turn us into human ATM machines. We didn’t know that this had been going on for decades and didn’t find out until we were trapped. Today, I am part of a national human rights coalition, Victims and Families Harmed by Guardianship, whose purpose is to protect older Americans and disabled individuals of all ages from exploitation by state probate guardianships. We are a consortium of state coalitions that have joined together to contact our federal representatives and the media to demand reform. People who can’t take care of themselves need support and protection, and guardianship provides neither.

My Family’s Story

It is hard to imagine what goes on unless you have lived it. The following is what happened to me and my parents.

In January 2005, my father filed a complaint with the Nassau County, New York, District Attorney against my sister, Terri, who he’d recently discovered had been embezzling millions of dollars from both my parents, as well as from me. The DA began an investigation. Around the same time, an estates attorney recommended that my father and I file a petition to become co-guardians for my mother, who had been diagnosed with Alzheimer’s disease. He told us it could help us recover the stolen money. However, instead of appointing us as co-guardians, a Nassau County Judge appointed a lawyer for my mother and an examiner to review the case. At a meeting I attended at my parents’ home, they both attacked us and told our lawyer they were not going to recommend us to the judge.

Without even a hearing, the judge appointed total strangers as my mother’s guardians instead. Both were private lawyers. When my father and I learned this, we asked to withdraw our guardianship petition, but were told we could not. This judge and the lawyers now controlled my parents’ money. But they didn’t protect it, meaning Terri still had access to it, nor did they look after my mother’s needs. At one point, the judge wanted me and Terri to become my mother’s co-personal needs guardian evens though by this point my sister had been arrested for grand larceny.

Creating Chaos

Everything in my life and my parents’ lives then became a nightmare. Different court-appointed guardians, all private attorneys, cycled in and out of our lives. All the while, they billed my mother hundreds in hourly rates for various clerical services but provided no benefit to her. After my father died in 2006, I tried to intervene, moving to New York to take care of my mother because I was not allowed to bring her back to California, where I lived. I again filed a petition to become my mother’s sole guardian of person and property, but was only appointed as her personal-needs guardian. The court-appointed lawyers still controlled all of her assets, including the house, and continued to pay themselves excessively for “managing” them.

For example, they hired their own accountants. One of these accountants billed us $12,000 for counting the money in my mother’s brokerage account—twice, in 10 months. Another accountant billed us $100,000 for looking over forensic accounting my accountant gave him. Meanwhile, my mother’s Social Security check and her retirement distribution were being deposited into a guardianship checking account, but none of that was being used on behalf of my mother. When I balked, I was told that I had no standing to ask how the money was being spent. Over time, the guardians depleted her estate. Every time they wrote a check to themselves, they claimed, “It is in the best interest of the ward.” These lawyers regularly scheduled court proceedings from 2005 until 2018 (the year my mother died), resolving nothing. All of this took place with a judge’s approval.

There’s a lot more to the story—including being harassed by my sister (who was charged with grand larceny and disowned by our father) and the fact that the court repeatedly sided with Terri whenever she tried to intervene (she rarely visited our mother but did try to have her placed in a nursing home so she could take the house). All of it is an example of how guardianship can create chaos within families.

Dragging on After Death

Both my parents are gone, but this case is still ongoing. The lawyers are demanding one-third of my father’s estate. My father had an estate plan which provided a lifetime trust for my mother, but this was overturned in a judge’s chambers. They also filed a right of election against my father’s will and appointed a public administrator and his lawyer to deal with the estate.

When my mother was alive, I was told that the deed to my parents’ house would be turned over to me; I was even copied on emails to that effect, but when I went to the clerk’s office after her death, I was told the deed was not in my name. It turned out that there was no money left, and the current guardian told me they were therefore going to do a reverse mortgage on the house.

When I resisted, the judge agreed to a conference among five lawyers (all of whom billed my mother, of course). At this conference, they also decided that the court-appointed guardian and the court-appointed evaluator would come to the house to do an inventory. For this “service,” they were getting ready to bill us way more than the value of anything in the home. I made it very clear that I wouldn’t allow it. The public administrator and his lawyer then sent me a letter demanding money and saying that if I didn’t pay, they would tell a judge to sanction me. They also told my lawyer that I had to compel them to turn the deed to my parents’ house over to me because “that’s how the system works.” The guardian still has still not done so, even though she was supposed to years ago. Meanwhile, I have been made to pay for everything involved in the home’s upkeep, including the property taxes.

A Powerful Legal-Industrial Complex

My story is routine when it comes to guardianship. In New York State, guardianship has become a powerful legal-industrial complex, a well-designed system to benefit court-appointed lawyers who are party loyalists, former judges, and partners in the law firms of New York’s most powerful politicians. These lawyers are appointed as court evaluators, court referees, court examiners, guardians and/or attorneys for the guardian, and accountants for the allegedly incapacitated person. They all work in concert to lure families who have sizable estates into guardianship to resolve a matter and then, instead of appointing the family member who petitioned to be the guardian, they give that role to a court-appointed lawyer.

That’s why Victims and Families Harmed by Guardianship is calling for an end to the state probate systems that have been usurped by professional guardians. With layers of lawyers, predatory guardians take vulnerable adults and their families hostage. The human suffering is enormous. New guardianships are created every day and families are helpless to prevent or reverse it, because it is entirely legal to usurp the rights of vulnerable people.

It’s not just New York. A 2010 special series on lobbying in the San Jose Mercury News of California (Britney Spears’ home state) revealed how guardianship and conservatorship laws are made. They are essentially written by lobbyists who present them to legislators. This process has created a shadow system to exploit ordinary citizens using the courts as vehicles for financial abuse. Then, judges are hand-picked by politicians and/or their close associates, and after those judges are elected, they reward their friends with lucrative guardianships.

Everyone in this scenario gets paid from the assets of the person placed into the guardianship. So if there is an objection to the guardianship, the opposing party uses the ward’s assets to fight them ad nauseam. Britney’s battle mirrors ours in this way: The lawyer for her father/conservator, Jamie Spears, wrongly claimed that Britney had never asked to end the conservatorship—and then that lawyer fought like hell not to have him suspended. It was all paid for with Britney’s money.

What We’ve Been Doing

As a coalition, Victims and Families has educated the media and offered to share our stories and expose what is clearly systemic corruption. Outlets across the country have begun reporting on the issue. ABC10 Sacramento, The Intercept, ABC Denver 7, the Traverse City Record-Eagle, and Buzzfeed News, among others, have shared victims’ nightmares. The Free Britney movement has also joined us, inviting victims to speak at their most recent rallies. Mathew Rosengart, Britney Spears’ lawyer, has publicly acknowledged the systemic failures at each of his press conferences following Britney’s hearings.

Approaching state legislators hasn’t gone as well. In New York, Michigan, Ohio, and Pennsylvania, victims have appealed to lawmakers and state Attorneys General only to be ignored. The message to us is: The courts can do whatever they like; we will not investigate. This is why guardianship must be eliminated.

Some Hopeful Attention

Fortunately, this issue has started to get attention at the federal level. On September 28, there was a hearing in the Senate Judiciary Committee titled “Toxic Conservatorship: The Need for Reform.” It was chaired by Senator Richard Blumenthal, who is also on the Special Senate Committee on Aging and so is aware of this decades-long abusive system. At the hearing, one victim, Nicholas Clouse, testified about his agonizing experience of being placed into a guardianship after an accident and losing control of everyday decisions. He was able to end the guardianship after an incredible struggle. When he spoke, it was clear that his court-appointed guardians had been given total power and they were using it to harm him.

The hearing mostly focused on preventing people from being put under guardianship in the first place, but there was little to no mention of how to address issues in existing guardianships, including law-enforcement investigations of reported abuse and exploitation. We need more hearings that feature the voices of victims who are currently under guardianship and want out. People will see that this system needs to end because is designed to benefit the people who control it rather than disabled individuals.

Also last fall, AB 1194 was signed into law in California, which allows those who are conserved to choose their own attorneys. But will the law be followed? As victims have pointed out, they have contacted the bill’s sponsor (State Senator Evan Low) in the past about their cases and he did nothing.

A Call to Action

We need to keep up the pressure on politicians and to continue to show that guardianship is a draconian, unconstitutional system that needs to be eliminated. Absolute power corrupts, and guardianship is a form of absolute power over a person’s life. The system invites exploitative behavior, as has been demonstrated over and over again in these cases. We need to get to the bottom of what court-appointed guardians and their representatives are doing in order to get justice. To do that, it is critical that we keep telling our stories in every forum.

Mad in America readers who want to get involved should contact Senator Blumenthal of Connecticut and demand more hearings on guardianship with victim-witnesses. They should also contact every senator who is on the Senate Judiciary Committee and the Special Senate Committee on Aging. For more information, contact me via Twitter, @Marian_Kornicki.

***

Mad in America hosts blogs by a diverse group of writers. These posts are designed to serve as a public forum for a discussion—broadly speaking—of psychiatry and its treatments. The opinions expressed are the writers’ own.

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Marian Kornicki

Marian Kornicki grew up in Queens, NY and attended the Calhoun School in Manhattan. She received a BA in psychology and art history from Queens College and an MA in clinical psychology from Antioch University in Los Angeles. She is a psychotherapist. Marian is a daughter who cared for her mother when her mother developed disabilities due to Alzheimer’s disease.

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Editor’s Corner

Guardianship: For Far Too Many, It’s a Nightmare

42 COMMENTS

  1. Francesca SimpsonFrancesca Simpson Marian, I am outraged on your behalf. This is ludicrous! I vaguely knew about Britney Spears’ struggles but I had no idea the problem was so widespread. Thanks for getting this out there and, as an aside, you write beautifully.Report commentReply
  2. Someone Else I had a very persistent psychologist try – relentlessly – to get me to sign his “art manager” contract. Which was a classic “take a percentage of gross profit” thievery contract, mixed with a conservatorship contract – not a legitimate “art manager” contract. I was absolutely appalled when I read the contract, then reread it. I was just amazed at how evil that contract was.Finally, after saying NO to signing the contract God knows how many times, I filed a police report, and asked the policeman if such contracts were even legal, since they most definitely should be made illegal. The cop didn’t say they were illegal, but he likely called that appalling psychologist, and told him to leave me alone. The cop did seem to be a little amused, as I was explaining to him the staggeringly criminal nature of the contract.I’m glad to see a psychologist speaking out about how evil the conservatorship contracts are. And I hope you will send a message to your profession – and your industry’s partners, the psychiatrists, who make this all possible – that it is absolutely ethically unacceptable to hand those contracts out, under any guise, or force them upon anyone.I’m sorry for what happened to your family, Marian. And I hope some day the psychologists and psychiatrists – some of whom have been destroying the lives of individuals and families for decades – will some day apologize, too. And I’m not asking for you to apologize to me.It’s the individual psychologists and psychiatrists who misdiagnosed me, defamed me to my own husband, then anticholinergic toxidrome poisoned me – to cover up the abuse of my child for their pastors – then tried to steal from me, who need to apologize to me, not you.But this is a systemic problem within my former religion, the ladies of which have confessed to their “partnership” with the “mental health” industries. I’d be one of the many “widows” mentioned in the Preface of this book.https://books.google.com/books?id=xI01AlxH1uAC&printsec=frontcover&source=gbs_ge_summary_r&cad=0#v=onepage&q&f=falseReport commentReply
    • Marian KornickiMarian Kornicki Thanks for your thoughts. I’ll have a look at the link you shared.Report commentReply
    • Elaine Jeffcoat Hello,
      I just lived through a two year guardianship nightmare her in Texas. I spent over $120k, fighting to keep my mother out of the hands of professional guardians. I was able to win guardianship of the person, however I finally handed over guardianship of the estate, with deal that I picked the estate trustee and negotiated the rates. My mother is in the final stages of dementia, and still wanted to be free. The unfortunate part, she was giving her money away to scammers claiming to be Keanu Reeves. Her dementia had already progressed and she was going to hurt herself or someone else, I had no choice. Never would I have guessed to be fighting Denton County Texas for my Mom’s well being and for the ability to take care of her. I would love to join this fight and tell others about the corrupt system.Report commentReply
  3. JamesBrosler WOWReport commentReply
  4. Bananas I was aware of this, but not aware of how widespread it is.
    What are some things to do to prevent this abusive thievery?I wonder about holding real estate and investment portfolios in llc’s as possible safeguards. Public records do reveal assets to possible thieves. Hence, the llc question.Those accused of mental illness seem particularly at risk of this method of abuse. Some points concerning how to be safe would be so much appreciated.Report commentReply
  5. Carol Pickett The other victims being targeted are vulnerable, developmentally disabled dependent children with limited communication (identified as adults due to age alone), sometimes referred to as ‘autistic’. They have been torn from their families while all legal entities refuse to investigate the complaints of neglect, isolation, as well as medical, emotional, psychological and physical abuse. The isolation and separation are inhumane and torturous. This is happening, not only in Nevada, but nationwide and if you consider statistics showing 1 in 40 are afflicted with this disability and the billions of dollars of funding provided for their care you will understand how lucrative this racket has become.
    They have been either ‘medically or court kidnapped’ with guardianship transferred to the COUNTY PUBLIC GUARDIAN, DEPARTMENT OF DEVELOPMENTAL SERVICES or another guardian APPOINTED BY THE COURT.
    Their human/civil and ADA rights became non-existent and/or have been consistently violated as soon as the limited conservatorship or guardianship was transferred. Their disability along with their limited communication is the excuse used to isolate them, remove their freedom to make/receive phone calls, for familial contact to be completely denied, their speech censored and all disability rights denied. Prisoners have more rights than they are given. No, we are not asking for compensation – we want them back and all those involved removed from their positions; thereby rendered incapable of tearing any more families apart. It is time to clean house and once again let family take care of family. All government agencies (especially in Nevada) have refused to stop this, have ignored, or are involved in some way. No media will report what is happening.Report commentReply
  6. Shel369 This abuse is happening so over California snd had happened to my father. My family has been destroyed as well. My father was fraudulently conserved 3 years ago through a petition filed by an ex girlfriend who had no standing to initiate it in the first place..He was declared incapacitated without an examination by a complicit doctor. His valid estate plan was thrown out and everything he has was turned over to a fiduciary who he was forced to pay 150/hour to for litigation they created and services they ” provided’. They had the sheriff’s extract him from his home and I was assaulted and thrown in a police car and treated like a criminal. All in front of my 8 year old daughter. My dad managed to escape and we continued fighting. In order to keep my dad in his home with me i was forced to sign a settlement agreement or hostage negotiaton as I like to call it. In order to pay thsir fees a reverse mortgage was done on the house and with all the equity going to them plus my dad’s social security and pension they have been collecting for the last 3 years. Plus they have a lien on the house for additional fees that are still owed. . I was finally made conservator of his person which should have been a victory but doesnt much feel like one. So 3 years later I’ve been given my job back after they took all that they could. And now as we attempt to put this nightmare behind us , the ex girlfriend has filed an Objection dragging me through the mud all over again & is asking for visitation and working with my father’s court appointed attorney to get it! The stress of it is taking its toll on us all and I’m so angry and disgusted that this is being allowed to happen to us and so many others.
    Please speak out and expose these criminals!Report commentReply
    • Marian KornickiMarian Kornicki The above comments from Carol and Shel 369 show that guardianship is a license to steal. It was used a century ago to steal the Osage in Oklahoma of proceeds from mineral rights which had been granted by treaty. There have been statutory changes and media exposes, BUT THE SYSTEM IN PRACTICE HAS NOT IMPROVED. Growing is a giant professional guardianship industry who can have hundreds of clients with absolutely no oversight. JUDGES DO NOT FOLLOW THE LAW. The state supreme courts are aware of the problem. No one is using their authority to ensure compliance.
      WE DO NOT KNOW THE NUMBER OF PEOPLE IN GUARDIANSHIP. No one is collecting data. This practice has to be investigated. That is why RICO was designed. Then it must be dismantled. Call guardianship what it is REMOVAL OF RIGHTS.Report commentReply
  7. Jodee Sussman Marian what a well written article! I so appreciate your relentless work on exposing and ending this nightmare for victims and their families.
    In SoCal, there is a “Cabal” that has run the probate courts for over a decade. There are several attorneys and the court appointed GALs involved. They all just “change hats” in the next case. The for Profit Fiduciaries, The realtors and appraisers they use are involved. They overturn existing trusts and advance directives. They financially and emotionally try to ruin any friends or family that try to stop them. They get court approval of bogus restraining and eviction orders.
    The court ignores all proof of conspiracy and collusion. They boldly declare the court does whatever they tell it to do.
    No one is safe. They even turn on their own.
    This evil runs deep.
    Only God, in the name of Jesus Christ, can stop this!
    Victims keep fighting! Don’t let them silence you! God sees all!Report commentReply
  8. TheWarner This line struck home for me: “They all work in concert to lure families who have sizable estates into guardianship to resolve a matter and then, instead of appointing the family member who petitioned to be the guardian, they give that role to a court-appointed lawyer.”I, too, am a psychotherapist and I went to an attorney for help when my family member would not provide me with the money needed to care for my 98-year-old grandmother, who was living in my home at the time. Instead of helping a family in crisis, the attorney licked his lips and recommended that I sign on to a “professional” conservator who would mediate between me and the family member. The story turned out pretty similar to Marian’s. They all seem uncanningly the same and that is because they all have the same evil authors.And if you don’t think you need to worry about corrupt guardianship, ponder this: many of the same elder attorneys you are going to to help write your wills and trusts are involved in the guardianship system. In many ways, the estate documents are an application process for future guardianship, since you voluntarily share all of your finances and family dynamics with these attorneys who may choose to use it against you at a later date. In fact, attorneys themselves can file a petition for guardianship in some or most states (without any support from family)!What has our nation come to to treat the most treasured amongst us in this manner?Report commentReply
  9. Gilbert Marian Kornicki is a kind, loving and dedicated person and this tragedy could not have happened unless her parents had money and assets to steal. That is Marian Kornicki’s “crime” that her family had assets and property that was built from hard work and sacrifice over four decades in the USA. Marian Kornicki is a victim of an organized criminal enterprise masquerading as Conservatorship/Guardianship which provides for a legal framework designed to rob innocent people of their humanity, rights and property all in the name of “benefitting the AIP”.Anyone can file a Guardianship claim against any person at any time no matter if it truthful of accurate in order for a judge to set aside all wills and estate planning. Once the process starts and there is conflict in the family then a lawyer is appointed from a list to isolate, overmedicate and liquidate all the assets and money. All of the fees are paid out from the AIP– the Alleged Incapacitated Person. Fees per hour are typically $400 an hour.
    Lawyers assigned to Marian Kornicki’s mother’s Guardianship have stolen nearly all of her parent’s money and are trying to steal her mother’s home! Even after her mother died over six years ago!Report commentReply
    • Marian KornickiMarian Kornicki Hi Gilbert:
      Thanks for your comments. It is so important for people to know this is going on. Speaking of $400 an hour. The last court-appointed guardian was billing at that rate and when she was named, she billed my mother and was paid $25,000 for reviewing files. It was approved by court order from a judge. She wrote the check to herself from my mother’s account. That was just a warm up. Another was billing at over $600 an hour and she always had a colleague w/her, so she billed for both of the ($375 for her colleague). She wrote a motion to have me removed as my mother’s personal needs guardian and billed my mother. She said that she visited my mother and when I said it wasn’t true, she said I was preventing her from visiting and filed her motion. I had to hire a lawyer to respond. And then she countered again – all of it billed to my mother and approved by a judge. What I have described is shockingly routine. It is criminal.Report commentReply
  10. ship2shore In the final years of her life, my Italian-born mother, who was diagnosed with and suffered from dementia of the Alzheimer’s Type, fell victim to financial abuse by the very nursing home caregivers we had trusted to keep her safe and comfortable. The memory care facility – Paragon Village (now Bentley) in Hackettstown, NJ put her in touch with local unethical attorneys who manipulated her and bilked her out of hundreds of thousands of dollars and a large portion of her estate. We fought hard to stop them, but they had powerful connections. My petition for legal guardianship as her ONLY family went nowhere, and my family was unsure where to turn when the system is so irreparably broken. The last few years of my mother’s life were fraught with watching the attorneys and judges separate her completely from her family, until they fought for and won, legal guardianship over her, only 22 days before her death. She died alone in the nursing home, having fallen from her bed without rails, alone and completely isolated from her family. We all had been prevented from seeing her for the last 3 years of her life.
    Every May 14th marks a painful anniversary for our family. Eight years ago, my husband was suddenly fired from a long-time Vice President position with a small family-owned medical company called Glatt Air Techniques in Ramsey, NJ because of a completely untrue and slanderous article. This article appeared in a small local newspaper, naming both of us (and ALL the names of the universities we attended and companies where we worked) with a headline of “Couple Faked Alzheimers and Stole $980k from Elderly Mother”, thus making it go viral online in New Jersey. Ironically the newspaper was in the town next to one of the unethical lawyer’s offices and later the newspaper was forced to retract the article. But the damage had been done and it took a costly defamation attorney to have the article taken down from Google and later the pdfs off of my mother’s spiteful attorneys’ websites used as their marketing collateral (and reporting them to the NJ Ethics Board, which proved useless).
    That same day ALL of my bank accounts (including those I had with my 3 children) were wiped clean of all money because the judge (the not-so-honorable Donald Coburn) placed a judgement against me for savings bonds that were given to me by my mother over a period of 30 years as gifts. The timing of the draining of the accounts was terrible and the shock and embarrassment of my husband losing a job for the first time ever in his life for the wrong reason, was just crushing to our family. Especially after not being granted guardianship in the lengthy trial, which was what I had initially set out to do when my mother’s mental capacity was rapidly failing. Not to mention the whispers and gossip by the people who weren’t aware of the many sacrifices we had made over the years for my mom who had lived with us for 4 years prior, where she was well-cared for. However by some miracle, we lived through it and my husband found a new job and his excellent reputation in the pharmaceutical industry was not compromised, as the vindictive lawyers had hoped and planned for. But when May 14th rolls around every spring…..it’s a raw and painful memory to remember. I hope my story can help other innocent people avoid being dragged into a terrible situation like what happened to us. My message is to avoid probate court at all costs – because only the corrupt lawyers come out winning and the poor victims end up losing everything, just as my defenseless mother did.Report commentReply
  11. AnnaM Just WOW! This is so scary.
    I truly hope the Britney Spears movement is going to reach over to non-celebrity cases. Perhaps she will help shine more light on this huge issue.Beautiful article, Marian!Report commentReply
  12. Carol Pickett Myself, from Nevada, along with three other parents from California have joined in the effort to free our angels from government control. We filed individual and then a joint federal civil rights complaint. The art of the ‘pass the buck’ resolution used too often by government agencies has begun. Our joint and my individual complaint were referred to the Federal Department of Health and Human Services on December 14, 2021. It dead ended there.Making this a reality is not difficult. No new laws or legislation are needed as what is being done to Casey, Nate, Andrew, William and all of the others who are imprisoned is already against the law. WE JUST NEED THOSE LAWS ENFORCED, THOSE RESPONSIBLE HELD ACCOUNTABLE AND OUR SONS RETURNED TO US.Casey, Nate, Andrew and William are not celebrities and have only the voices of their parents, myself (Carol), Ilya, Deborah and Lynda to speak for them. Classified officially as vulnerable, developmentally disabled dependent children with limited communication (identified as adults due to age alone) and diagnosed as ‘autistic’. They have become the forgotten ‘middle child’ between the children and elderly and are the link that completes the circle of this corruptive guardianship system.They have the right to be with those who care for and love them. They have the right to enjoy life instead of being drugged just to make it easier for their ‘caregivers’ to get through each day. They have the right to be happy. They are not a paycheck. They are not disposable. They are important.They have been torn from their families while all legal entities refuse to investigate the complaints of neglect and isolation combined with medical, emotional, psychological and physical abuse. The isolation and separation are inhumane and torturous. Convicted felons are treated better in prison.
    Families are left bankrupt as they seek ‘legal’ assistance to get their loved ones returned to them only to find that the attorneys are already in the game or drafted once they accept a guardianship case. We mothers, fathers, sisters and brothers have watched in horror as our loved ones are ‘court kidnapped’ or ‘medically kidnapped’ for profit.
    We are tired of seeing the truth trampled on in our ‘justice’ system, tired of watching our loved ones deteriorate before our eyes as they beg us to free them and tired of seeing them shrink when making the mistake of trying to say something that is not allowed. We are also tired of seeing our state, county and court systems along with everyone else who is tied to this racket obtaining financial security under the guise of the guardianship systems that they have severely corrupted while EVERYONE INVOLVED TURNS A BLIND EYE TO THEIR SUFFERING.
    In addition, any attempts to expose what is happening to them by group house staff or others while they are wards of the court assigned to the COUNTY PUBLIC GUARDIAN, DEPARTMENT OF DEVELOPMENTAL SERVICES or another guardian appointed by the court are silenced and/or ignored. Yes, COUNTY PUBLIC GUARDIAN – what better way to keep all that funding under government control and in one nice, neat little package.
    ALL INTEREST IN THEIR CASES SEEMS TO END WHEN THE EXTENT OF GOVERNMENT INVOLVEMENT IS REVEALED. Why? How can it not make sense to keep things under full control in this way? This has been going on for decades in Nevada alone.
    Please read the following quote from an attorney, in response to a request for contact information to organize a rally for one of the victims of a fraudulent guardianship/limited conservatorship:“The sad truth is that no one is going to rally for —-. The media doesn’t care about a man with autism, the politicians don’t care either, so I can certainly try and let some of the young people know that you are suffering, and that your son is suffering, but don’t expect anyone to show up. Your federal congressional rep is your best chance. All around us is evidence of a broken system, but do you hear a peep from any judge? Nope, they can’t be embarrassed into taking action. I am very sorry. I know this is terrible. I will share your contact information but otherwise, I don’t know what to do.”The horrific ‘court kidnapping’ and ‘medical kidnapping’ cases of these voiceless individuals throughout the United States is a reality. The lengths that all agencies involved are willing to go in an effort to discredit those who are trying desperately to free their loved ones from this web of corruption is even more incredible. There is evidence – a lot. Think about it. If all of the garbage they are spewing about us were true, would we really be trying to bring any of this out in the open to so many and be pleading for an investigation? Now, consider why they are trying so desperately to silence us and what they have to lose if this is exposed.
    If one would listen to the different accounts taking place across this free country, it becomes glaringly obvious that each state is sharing a Standard Operating Procedure manual specifically for this very lucrative endeavor. If there is one known case in any state, you can be assured that there are many others.
    Why would these court and government entities do this? Because there is so much money involved. Some of these individuals have estates, most have Medicare or Medicaid, and all are easy targets once they are under the control of the government. Take a peek at how much funding is given for the purpose of aiding these vulnerable disabled adult ‘kids’ and then explain why these individuals are neglected so horribly. Where does all that money go? There are so many victims and this has been done for so long that there is no regulation or scrutiny.
    What is happening under the smokescreen of the term ‘PROTECTED PERSON’ is no more than legalized human trafficking. Another way for financial gain by ‘legally’ kidnapping these individuals and imprisoning them until they are used up. Should these innocents die it does not matter to them as there are so many others to fill the gap and more that will be added each day. At this time, please refer to the definition of RICO.
    No, we are not asking for compensation – we want our loved ones back and all those involved removed from their positions; and, thereby rendered incapable of tearing any more families apart to satisfy their financial greed. All Guardianships and Limited Conservatorships need to be abolished. It is too late for reform; it is time to clean house and once again let family take care of family.COALITION OF PARENTS
    Carol Pickett, Deborah Findley, Ilya Tseglin, Lynda Ente
    …and all of the John and Jane Doe’s not yet identifiedReport commentReply
  13. eloberg Abusive conservatorship happened to my family in Los Angeles, CA. Please read my first hand account about the circumstances of my Mother’s corrupt conservatorship below:https://www.nextavenue.org/when-conservatorship-goes-terribly-wrong/EricaReport commentReply
  14. Marian KornickiMarian Kornicki Sravya Tadespalli wrote the following article which was published in Prism Reports about how conservatorships affect communities of color, the guardianship abolishment movement, and the policy and legal barriers that stand in its way. Here is the link:https://prismreports.org/2022/02/01/as-conservatorship-abuse-gains-more-attention-more-activists-speak-out-against-it/Report commentReply
  15. aligra Please read our story: https://sgprc.tumblr.com/post/667770604157616128/britney-spears-is-free-cavan-is-notReport commentReply
  16. Marian KornickiMarian Kornicki Hi: Thank you for your email. I sent you a message via twitter, but I have included more information here. In California, Disability Voices United. Email: info@dvunited.org. Tom Coleman of the Spectrum Institute is another helpful resource. tomcoleman@spectruminstitute.org.
    I have recently been introduced to the following.National Association of Rights Protection and Advocacy (NARPA.org)MindFreedom International (MindFreedom.org)One of their current efforts is this petition https://chng.it/cdqRmH4S5KThank you,
    MarianReport commentReply
  17. Kathleen Bosse Ohio is just as bad.My Mother was a victim of a predatory guardianship. No one in the proper channel recourse disputed my claims of medical abuse/neglect and financial exploitation, yet all denied jurisdiction over probate court.I found over 40 more victims of this same regime through public records, finding financial exploitation in every single case! My proof is legally self-authenticating. Probate signed filings and Ohio Supreme Court case decisions are both considered self-authenticating. (Rule 902, 10)The state still would not intervene! However, I did get written/recorded recommendations to send my cases to the FBI Public Corruption Unit from Hamilton County Organized Crime Unit Detective, the Ohio Attorney General Bureau of Criminal Investigation’s Special Investigator and the Auditor of the State Special investigator.My evidence of public corruption and racketeering has been in the mail awaiting a receipt signature since 2-7-22 to the local FBI as requested.Corruption has infiltrated our nation.Report commentReply
  18. aligra An appeal for help. I previously posted a link for my son Cavan’s conservatorship story (below). I’m requesting that anyone concerned about this situation attend the San Gabriel Pomona Regional Center’s board meeting on 2/23 at 7:15PM PST on Zoom and make a three minute (or less) public comment. Zoom Meeting ID: 234 566 141 (Password 916227). Heartfelt thanks from our family.https://sgprc.tumblr.com/post/667770604157616128/britney-spears-is-free-cavan-is-notReport commentReply
  19. Marian KornickiMarian Kornicki The following article was published in the New York Times on March 24. Bonnie Lee Apple starved and nearly died on Guardian’s Watch, Family Says. I think you will be able to open the following even if you are not a subscriber.https://www.nytimes.com/2022/03/24/nyregion/court-appointed-guardian-abuse-case.html?unlocked_article_code=AAAAAAAAAAAAAAAACEIPuomT1JKd6J17Vw1cRCfTTMQmqxCdw_PIxftm3iWka3DODmweiOIEGYWP-kDLIqFkesEvmj2DXNhANqMiSLl90-ZFM01kTUyhqIafldEOKj4474KvW2d8l7T8YYcFyx64JG-oNLU4g7SloxONNDX3XaHc03B3Jg5685cyIEWt2CBf2v_HEbVqiYN81KwhBpB8QTwCdzDK66ezc2h2P9-Hahna6QckCaoOCXyIw4nqu_9Xex5SCFnGUHp-_W06jdhdM9sQN6_0RAUyLIu82f5CTzw1c_r6QsE5VIPWlL51sLPSqhbqy8C-x_k-FaU8r6ptHhbPPQBV5CiXGnmb_QT5&smid=em-shareReport commentReply
  20. Rasx This is one reason I don’t talk to my mother anymore. She was always abusive and manipulative but when I got older and I was still financially dependent she started speaking with my psychiatrist in private and scheduling meetings I wasn’t alerted I was to attend or for what purpose with him where they’d already decided what my next ‘treatment’ was to be. I’d show up and they’d tell me you’re going to do this and if I said no my mother would tell me she’d pull my funding first For college and then for my masters program, and then finally for my phd (the last one was a lie as they actually weren’t paying for it, my now active trust was but they withheld that info to have more leverage to coerce me). Now that I’m not financially dependent anymore one might wonder what leverage they have? Well, my mother was a federal prosecutor for decades and is now a millionaire heiress with extensive contacts in the legal system and expert knowledge of how to manipulate it that I don’t have, plus she managed to coerce me into a psychiatric system that has labeled me with conditions that would strip me of all credibility and make a good case for conservatorship. What is to stop her from using her power in this way the next time she decides I’m not living the way she wants me to? It’s very hard to explain to people. But I could lose my whole life, forever.Report comment

From FB: How to Operate Smoothly in Probate with Little Oversight, the story of Miriam Solo Soloveichik Greenfield Faskowitz

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Miriam Solo (aka Miriam Greenfield, Miriam Soloveichik, Miriam Faskowitz)

licensed attorney, Illinois.

Parents: Rose Joffen (Raizel) and Chaim Borouch Faskowitz

Siblings: 4 siblings, 5 children total. Moshe, Moredchai, Brandy and Michel.

Link to supporting document file:  https://drive.google.com/open?id=1wZKLV_7s6uYmE-Heg83u3wWmO7be7k-Z

Estate involvement:

1) Estate of Marjorie Ivy, a long time girl friend of brother Mordecai Faskowitz

On April 11, 2014, Chris Ivy, the nephew of Marjorie Ivy, files a Petition to become the Independent Administrator of his deceased sister Marjorie Ivy. Page 1

According to a October 11, 2013 article in the Chicago Tribune, Mordecai Faskowitz shared an apartment with 70 year old Marjorie Ivy, page 12. The Cook County medical examiner’s office determined that Marjorie Ivy died from multiple stab wounds and cuts in a homicide. Mordechai Faskowitz was held without bail on a murder charge.

Marjorie Ivy had been dead for days, because a man who had keys to the building discovered her body because he had not seen her for days and the apartment was emitting a foul odor. Page 12.

Mordecai F. Admitted to the crime but had to be tazed by police so they could arrest him. Page 13. A friend said of Ivy, that she was a very nice person “who was passionate about animal rights.”

The value of Marjorie’s estate in the Petition was listed as $850,000 by the nephew Chris Ivy.

On page 3, a listing of Marjorie’s assets shows a Vanguard IRA, a Drefus Crop investment account and a New York Life Insurance policy, all naming Moredecai Faskowitz as Beneficiary and/or his trust, Mordechai Faskowitz Supplemental Care Trust. Page 2, ¶ d indicates that it was Razel Faskowitz who created the MFSC Trust naming Miriam Greenfield as Trustee in 2006.

Page 4 shows that Mordecai was found Not Guilty by Reason of Insanity. Para. 10 relates that Marjorie died of more than 40 stab wounds.

Page 2 shows that the Estate of Marjorie Ivy attempted to reclaim all assets left to Mordecai on under the Illinois Slayer Statute which provides that “A person who intentionally and unjustifiably causes the death of another shall not receive any property, benefit or other interest by reason of the death…in any capacity.” Para 11.

Pages 9 to 11 shows that Marjorie Ivy has some 28 nieces and nephews with an interest in her Estate.
Miriam Solo then files an Affidavit with the Estate of Marjorie Ivy in which she explains: 1) she is the younger sister of Mordecai (page 15). That she met with Mordecai and Marjorie (Gayle) Ivy in June 2016 for Marjorie to “provide for each other” and “Gayle’s specific desire to add to the trust, of which I was the trustee.” ¶ 6.

Question: how is it that Marjorie dies October 13, 2013, Mordechai is put in jail, but then she and Mordechai are meeting with Miriam Solo in June of 2016 to move Marjorie’s assets into Mordechai’s estate upon her death? Why is Miriam Solo helping with this when Mordechai is her brother and she is the trustee of his “Supplemental Needs Trust”?  When Mordechai dies, his Estate flows into a Supplemental Needs Trust (again, Miriam Solo is the Trustee) (see below), but why would Marjorie Ivy want to leave her Estate to Avrohom Soloveichik whom she is not related to, upon Mordechai’s passing?

The Affidavit continues on with ¶ ¶ 8 to 33 detailing Mordecahi’s alleged schizophrenic episodes which led up to Marjorie’s death caused by over 40 stab wounds from Mordechai. The real question is, why was Miriam Solo acutely aware of Mordechai’s deteriorating mental health, but she did not make certain that he had his meds and was taking them. She was the only sibling living in Chicago at the time, and she had his POA and he was at her house sometimes during August to September 2013 and Miriam Solo knew his mental condition was extremely poor at that time, yet she did nothing about it.

The probate court, after briefing and hearing, the court then issues an Order that the Petition to disqualify Faskowitz under the Slayer Statute is denied. Page 28. This was based upon a Petition for Summary Judgment filed by Miriam Greenfield on December 7, 2017, page 53 to 63. Miriam Greenfield signed as “agent pursuant to the power of attorney for Mordechai Faskowitz”, p. 36.  How did Miriam Solo get this Power of Attorney when Mordechai has been incompetent for years and subject to shcizophrenic and dangerous episodes for most of his life?

A dispute ensues over Mordecahi being able to answer Interrogatory questions prior to hearing because he is institutionalized. Pages 29 to 34.

Page 37 show the beneficiary change request to Moredecai Faskowitz and a secondary beneficiary, Adrienne Russ, both listed as friends. This was done June 23, 2010 and not in June 2016

An Interpleader action was also filed over the the New York Life policy. Page 39.

It is not known from the court records if Mordecai’s deposition was ever taken.

It does not appear in either the court records or in the decision on Appeal, if anyone noticed that the standard to convict for an intentional homocide is “beyond a reasonable doubt’ in criminal court, but there is a much lesser standard of “more probable than not” to disinherit a person in Probate court.

By the time the Interpleader is filed, there are now 45 nieces and nephews claiming an interest in this estate. Pages 41 to 44.

The decision was based upon a Summary Judgment Motion which had argued that Res Judicata applied to the finding of NGRI, and therefore Mordecai was barred from inheriting from his stabbing victim Marjorie.

The Appellate court ruled at ¶ 30 however: A Finding of NGRI on a Charge of First Degree Murder Does Not Create an Irrebuttable Presumption Under the Slayer Statute.

The issue for Marjorie Ivy, stabbed to death over 40 times by Mordecai, was taken up on Appeal and the Illinois Appellate court ruled that the trial court’s decision that someone found “not guilty by reason of insanity” is not irrefutably covered under the Slayer Statute. They find that the use of Summary Judgment was inappropriate for the issues at hand, that is whether the killing was intentional. The court noted that admissions spoken to various doctors during examination could not be excepted from the hearsay rule and were not considered. No deposition was ever taken of Mordecai and since he died on May 15, 2019 (page 49), it is doubtful that there is any possibility of preventing his estate, his Trust, operated now by Miriam Solo, to go to the rightful heirs or the nieces and nephews of Marjorie Gayle Ivy.
No new pleadings have been filed as of that decision.  A status is set for Jan. 14, 2019.

The Appellate Court decision is located at:

Click to access 1181691.pdf

Note “Miriam F. Solo” is listed as an attorney on appeal, presumably for brother Mordechai Faskowitz. ¶ 15, “Respondent, through his agent” filed an answer to the Petitions to disinherit him under the Slayer Statute. Meaning Miriam Solo was the agent for Mordechai, but where is her Power of Attorney, when was it executed and how did she know he was in his right mind when it was executed. Or, is it a durable power of attorney that would survive Mordechai’s insanity and incompetence? In any case, Mordechai Faskowitz had been confined to the Elgin Mental Health Hospital since his criminal trial, and perhaps before that up until his death in May of 2019.

More important, the will Miriam Solo filed as Executor was prepared just days before the death of brother Mordecai and it no doubt had to be Executed and witnessed at the Elgin State Mental Hospital. Was Mordechai even competent at that time, not insane, not mentally disabled? After all these facts, that would be quite a stretch to say Mordechai was even competent to have a will. And what about the POA which was used to file all the documents and pleadings in this case? How could a POA be valid when Mordechai was regularly seeing demons and hearing voices? Was it a durable POA granted years earlier when Mordechai was more mentally stable?

And while Marjorie Ivy’s estate is purported to go to the Special Needs Trust for Mordechai Faskowitz, his will at page 45 states that his Estate will go to the Special Needs Trust for Avorihim Soloveichik, another disabled individual. In these special needs trusts, however, the beneficiaries are incapacitated or incompetent, so who is overseeing the management of these funds?

More important, it would appear that Miriam Soloveichik back in 1994 was appointed the Guardian of Avohom Soloveichik, 94 P 10177. Despite the fact she was legally required to file an annual report on the ward, as well as an accounting if the ward held any personal property, Miriam Solo has filed just two annual reports on the ward, so how is then that Miriam Solo is qualified in any manner to manage a trust with $850,000 in it for Avrohom Soloveichik, a disabled person. (https://drive.google.com/open?id=1W-CwP1zSqtSZXGDIVA88xJHy8ZKL4WOo)

2) Estate of Mordechai Faskowitz

Right before the Appellate court decision of June 26, 2019 was handed down, Mordechai Faskowitz dies on May 15, 2019, page 49, and younger sister Miriam Solo Greenfield Petitions to become his Executor.

While all along during the Probate proceedings for Marjorie Ivy in which Miriam Solo was arguing on behalf of Mordechai Faskowitz that Mordechai was hopelessly insane, seeing and hearing demons, stabbing them and skipping his meds, we find that Mordechai Faskowitz, who never gave a deposition or answered critical Interrogatories, is now able to execute a will and is suddenly of “sound mind and memory”. Page 45.

Question, which is it? Was Mordecai hopelessly schizophrenic, seeing demons, stabbing at demons, or is he of “sound mind and memory.” Who is manipulating his pleadings in court?

On page 45, Miriam Solo Greenfield is appointed Executor of his Will and his entire inheritance is amazingly provided to Avrohom Soloveichik Supplemental Needs Trust, even though Mordechai has numerous nieces and nephews and Avrohom has been, for years, placed in an institution in New York as a disabled adult.

The witnesses are illegible, and not typed into this will but appear to be Miriam Greenfield at her address 6538 N Sacramento, and an attorney friend of hers, Jonathan Shimberg, 9003 Lincolnwood Dr, Evanston, IL 60203, Page 46.

NOTE: this will, likely created by Miriam Solo, is not notarized. The names of the witnesses are not typed out. No phone numbers are emails are provided for the witnesses.

Listed as heirs on Page 51 are Avrohom Soloveichik Suppplemental Needs Trust with Miriam Soloveichik as Trustee (now listed as M. Greenfield, Trustee), together with brother Moshe Faskowitz, and sisters Michele Triester and Brandy Tuchman. On page 52 it also lists Miriam Solo Greenfield. Avrohom Soloveichik is Miriam’s eldest special needs disabled son by her first marriage.

Further provided in this estate is an Affidavit of Heirship noting that Chaim Faskowitz (DOD Aug. 1997) and Razel (Rose) Jofen (DOD Dec. 2018) are the parents of the decedent Mordechai Faskowitz. Page 47.

In this Affidavit Chaim and Razel or Rose Faskowitz had 5 children: Moshe, Mordechai, Miriam, Michele and Brandy.

2) Estate of Irving (Isaac) Faskowitz (Fisk) and Sofia in Florida

On April 8, 1999, Sofia (Fisk) Faskowitz died leaving her entire estate to her husband, Irving Fisk.Page 100 and 98.

On June 22, 1999, Irving (Isaac) (Fisk) Faskowitz died, but his will only name his wife who had predeceased him. Pages 101 and 96.

Neither of the wills executed by Sofia and Irving Fisk named any other beneficiaries other than themselves.

A probate proceeding, PC 99-307 was opened in Florida and Rose Faskowitz, mother of Miriam Faskowitz Soloveichik Greenfield, promptly filed an Affidavit of Heirship (page 65) claiming that her husband’s name was Chaim, and that he was a cousin and uncle of the decedent, Irving Faskowitz. ¶ 15. This was because the decedent’s father was Isaac Faskowitz, and Isaac’s father was Mordecai Faskowitz. Mordecai had another Son Moshe. Son Moshe married the daughter of Mordecai, or in other words, Daughter Miriam supposedly married her uncle Moshe. They had four children: Chaim, Alter Mordecai, Breina and Beila. Only Chaim had children. Chaim married the Affiant, Rose Faskowitz, and they had four children: Moshe, Miriam, Brandy and Michel. ¶ 10.

During World War II, Chaim’s entire family was in Poltusk, Poland.

The Affiant, Rose (Razel) Faskowitz, then claims the rest of the family, other than her and Chaim, perished in a Nazi concentration camp during World War II.

However, it must be noted that while ¶ 10 of the Affidavit of Rose Faskowitz lists four children (Moshe, Miriam, Brandy and Michel); note that in the Estate of Mordechai Faskowitz, Rose suddently has a 5th child–Mordecai.

On page 50-51, the Affidavit of heirship for Mordechai’s Estate clearly shows 4 siblings: Moshe, Brandy and Miriam. Apparently on January 5, 2001 Rose (Razel) Faskowitz forgot she had a 5th child.

We know that Miriam Greenfield Solo was involved in this because she filed a Consent and Waiver and acknowledged a copy of the Petition to Determine Beneficiaries and waived notice to hearing on the Petition to Determine Beneficiaries. (Page 65). She also received a copy of the Fla. ATG Petition to Set Aside Finding of Beneficiaries.  Page 82.  While brother Mordechai was remembered when he hacked his girlfriend Marjorie Gayle Ivy to death, she forgot he had to be included in this estate of alleged Uncle/Cousin Isaac Faskowitz.

Nonetheless, the Affidavit of Heirship filed by Rose (Razel) Faskowitz turns out to be utter nonsense.

On August 2, 2001, the Attorney General of Florida investigated the Probate Case of Irving (Isaac) (Fisk) Faskowitz and concluded that none of the children of Rose Faskowitz were in fact related to Irving Faskowitz, the decedent. While the Affidavit of Rose Faskowitz tells a long tale of nieces marrying their uncles (the family tree that does not branch) and harrowing escapes from Nazi occupied Europe to the US, none of that is apparently true.

From ¶ 8 of the ATG letter:

The information provided by the discovery of the decedent’s birth certificate is inconsistent with the Affidavits in support of the Petition to Determine Beneficiaries as follows:

a) the decedent’s name at birth was Isaac Faskowitz, not Irving Faskowitz, as alleged by affiants.
b) the decedent was born in the Borough of Manhattan, City of New York, State of New York; not Poland as alleged.
c) The decedent’s parents were Harry and Anne Faskowitz, not Isaac Faskowitz, as alleged.
d) The decedent did not, nor did his parents, immigrate to the United States from Poland. The decedent’s parents immigrated from Russia, and the decedent himself was born in this country. ¶ 8, p.81 ¶

It should also be noted that Isaac Faskowitz was married to Sofia Faskowitz and her death certificate says she was born in Puerto Rico and therefore was an US citizen. Nothing was said of her in the Affidavit. Most likely decedent met his wife in the large Puerto Rican community when he was young in Manhattan. The decedent was an US citizen born in New York City.

Despite the fact that the ATG of Florida researched the probate estate and found the heirs to be a fraud, no action was taken by the Florida Probate Court and on December 2006, the Estate was finally distributed with a total of $1,592,456 for 4 beneficiaries, or $398,114. Not bad for finding a similar name and cooking up affidavits.

On page 89, An agreed order was entered determining the beneficiaries to be Miriam Greenfield, Brandy Tuchman, Michel Triester and Moshe Faskowitz. No mention of brother Mordechai.

On page 91, it appears that Moshe Faskowitz, Rose Faskowitz and Dr. Jean Jofen were already to testify there were 4 children of fake Uncle/Cousin Mr. Isaac Faskowitz and not 5.

On page 93 is the Proof of service of final accounting and petition for discharge. Again, no mention of a 5th sibling in the Faskowitz sibling group. Mordechai is missing his hundreds of thousands of dollars. And Miriam Solo Soloveichik Faskowitz Greenfield is part of it.

3. Estate of Ralla Klepak

On May 3, 2019, Miriam Solo Greenfield files a Petition to become the Executor of her friend, Ralla Klepak, who passed on April 25, 2019. Page 118.

She lists the value of Ralla’s personal property at $1 million and her real estate at 2046 W. Addison Ave, Chicago for $250,000, despite the fact that Ralla’s office building, which she owns, is worth easily over one million dollars. In addition she owns a home on Addison Ave and a home in St. Petersburg, Florida.

The decedent, Ralla Klepak, has told many people that she adopted a Mexican son, however no “son” is mentioned in her will at Page 102. A Jorge Bautista at 5158 N Ashland is listed in the will, but he is not mentioned as a son. According to Instantcheckmate.com there is a person named Jorge Bautista at 5156 N Ashland and an address in Tampa, Florida. However he is 71 years old and clearly not a “son” which Ralla met and adopted at age 10 some decades back.

The bulk of the Estate is given to Miriam Solo. All the contents of Ralla’s home. Third ¶ p. 103. Jorge Bautista $500,000. Miriam Solo is given Ralla’s Puerta Del Sol South Apartment in St. Petersburg, Florida. P.105, FOURTEENTH ¶ , the rest and residue of her estate to the Ralla Klepak Trust for the Performing Arts, and Miriam Solo is to get $75,000 per year for managing the trust. Page 109, Article4 (sic). Large amounts are given to various charities on p.110. $100,000 to Victory Gardens Theater, $100,000 to Steppenwolf Theater, $100,000 to Northlight Theater, etc. Page 110

The Will appears to have been quickly drafted with tons of typos.

A typical will has the Testator initial every page of the will. No pages are initialed in this Will.

The will has an attestation clause by witnesses, but it is not notarized, as a will typically is notarized.

Sharran Greenburg is a witness, and mentioned in the will.

The will is executed 2 months before she died. Just like some others…..

4. Guardianship of Alice Gore

Cooper’s Corner show.

here is a video with a lot of detail about MS:

https://www.youtube.com/watch?v=mG8FZhBJGXI

Bev Cooper (the host of the show) is the daughter of 99 year old Alice Gore.
Miriam Solo (aka Soloveichik, Greenfield, Fisk, Faskowicz), was the Guardian ad Litem for Alice Gore.

11:18 – MS brought false charges against Bev Cooper and obtained a false Order of Protection
Bev Cooper had to pay to see her own mother at Warren Barr Pavillion, a nursing home 20 miles from Bev Cooper’s home. Bev Cooper loved to take care of her mother and told Miriam Solo she wanted to take her mom home and take care of mom — for free.

12:19 – Nursing home is owned by a cousin of MS

13:10 $1.5 million is billed by attorneys in fees during 3 years of guardianship

13:15 – Alice Gore loves to eat, but against her will a GI tube is inserted so she can never eat again.

14:40 – MS chooses a mentally ill granddaughter, with multiple psych hospitalizations to become the guardian of Alice Gore, over the objections and petitions of Bev Cooper to become the guardian of her own mother

15:50 – Bev Cooper cannot visit her own mother

16:08 – Bev Cooper states than MS is an animal, inhumane, and evil

In conclusion

There are now two wills (Klepak, Mordechai, Ivy) which all have the following similarities:
1) not notarized, witness signatures have no typed or printed names next to them so their names are easily read and known to others.
2) the decedent dies days or weeks after the will is allegedly executed (Mordechai, Klepak)
3) disabled individuals are used to move substantial amounts of money via a Trust mechanism, which is essentially a private device with no court oversight and little accountability, especially where the beneficiary is mentally deficient or incompetent. Who is looking out for this disabled person? Where is the accountability and oversight when the Beneficiary is disabled or mentally infirm himself?

From Ken Ditkowsky – Yes, some judges are honest and must be commended and are an example to the others

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Subject: Re: sound familiar?
Date: Sep 1, 2016 4:46 PM
Since I was forced to retire I have had a chance to try to slow my world and take a good look at it.     Yesterday on MaryGSykes blog a Texas Lawyer’s piece concerning an honest judge is revealed.    No, JoAnne has not mellowed!    Every jurisdiction has many honest judges and wonderful people who make our communities terrific places to live.     The Jerome Larkins and their ilk are an annoying minority who rise up from the cesspool from time to time to be an annoyance.     Even in an era when the polls suggest that 2/3s of us do not believe that either candidate for president is trustworthy or honest our world is still a wonderful place to live and work.      Indeed, every day I send e-mails to some of the nicest people in our world who not only care for the elderly and the disabled, but care for each other.
When we received an e-mail from a citizen that read in part:
“Last night I had many flash-backs during my sleep — of being isolated, force-drugged, spoken to and about like I was a non-person, feeling again insecure even when in my own home [is it mine, do I have legal rights to my own property, I do not, I not even my Legal Right to vote but I did receive a Jury Notice this morning] it just goes on [the veiled and not so veiled threats by those non-family predators] and on it goes, all of this — and recovering from another UTI infection, again, due to being hospital-forced to take IV antibiotics for 52 Days & Nights [while being denied ample drinking water] <http://www.drdeborahmd.com/solutions-urinary-tract-infections&gt;, <http://safepatientproject.org/posts/5609-a-cautionary-tale-dangers-of-antibiotic-overuse&gt; — along with the electronic mails that continued on and on late into the night last night and well past my normal bed-time, and this morning, still being reluctant to continue opening them all — leaves me feeling rather re-victimized at this exact point-in-time.”
Most, if not all, of the people on this e-mail chain had a first thought: “how can I help!”      In fact, the Justice Department, the FBI, and other law enforcement agencies received a few minutes later a DEMAND for an HONEST INVESTIGATION!
We as a group understand that we have a responsibility to ourselves and our families to make a concerted effort to protect America’s core values.     In spite of the perfidy, assaults on the human rights, constitutional rights and infamy of corrupt judges, corrupt lawyers, corrupt political people ***** we are carrying on the fight to end ‘elder cleansing.     We are serving the core values of America.   When we stand with the elderly and their families who are being euthanized by the corrupt nursing home operators and their political and judicial co-conspirators we fulfill our duties as citizens.      No amount of intimidation by the Political and the Judicial elite can cease our call to Honest Law enforcement for a comprehensive and vigorous Investigation into the criminal behavior of all those miscreants who are engaged in a War against the elderly and the disabled!
When each of you who have joined in the effort to protect the Constitution of the United States from those who seek to destroy its meaning and efficacy looks up they will see someone that they like!     Our goal is to, within the law, bring each elder cleanser to the Bar of Justice.       The spectacle in the Circuit Court of Cook County of a sitting judge, conspiring with an ethically challenged lawyer, infamous nursing home operator ****** to harvest the gold filing from a 90-year-old widowed grandmother haunts every decent human being.     The avarice and inhumanity exhibited taint Cook County, Illinois (Chicago) and leave a stench than cannot be sanitized.     The failure of the legal profession and the 2nd oldest profession to stand up as one and demand CRIMINAL PROSECUTIONs is beyond reprehensible.     It tars irrevocably every Judge and every lawyer in Cook County, Illinois who does not demand JUSTICE!
Indeed – we are demanding JUSTICE for all including the miscreants who would take from us our humanity.      We may not get much recognition – but, justice is its own reward.
All that said – we need right now an HONEST INVESTIGATION of the elder cleansing scandal and vigorous prosecution of all the criminals involved in ‘elder cleansing’ including those, such as Jerome Larkin, who maintain the cover-up that protects the corrupt judges, lawyers, guardians *****.     IT IS NOW TIME!
Lawyers in particular have a responsibility to stand up be counted.   Sometimes standing up and being counted has some adverse personal consequences.    I understood when I took the oath to be a lawyer that I was going to make a few enemies and some would have ethical deficiencies.  I knew I would not be alone and am grateful to the many who have stood by me – and stood up for the core values of America.   The Jerome Larkins of this world no matter how much clout they have or how many of the political and judicial elite assist him in his 18 USCA 371 conspiracy still has to face his conscience and ultimately his maker.   Every night I pray in thanksgiving that I am not him!

From Lisa Nadig–court bloggers have same 1st Amend. Rights as mega media

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http://www.usatoday.com/story/tech/2014/01/20/defamation-bloggers-supreme-court/4658295/

Court ruled that bloggers have First Amendment protection when sued for defamation

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GRANTS PASS, Ore. (AP) — A federal appeals court ruled Friday that bloggers and the public have the same First Amendment protections as journalists when sued for defamation: If the issue is of public concern, plaintiffs have to prove negligence to win damages.

The 9th U.S. Circuit Court of Appeals ordered a new trial in a defamation lawsuit brought by an Oregon bankruptcy trustee against a Montana blogger who wrote online that the court-appointed trustee criminally mishandled a bankruptcy case.

The appeals court ruled that the trustee was not a public figure, which could have invoked an even higher standard of showing the writer acted with malice, but the issue was of public concern, so the negligence standard applied.

Gregg Leslie of the Reporters Committee for the Freedom of the Press said the ruling affirms what many have long argued: Standards set by a 1974 U.S. Supreme Court ruling, Gertz v. Robert Welch Inc., apply to everyone, not just journalists.

“It’s not a special right to the news media,” he said. “So it’s a good thing for bloggers and citizen journalists and others.”

Crystal L. Cox, a blogger from Eureka, Mont., now living in Port Townshend, Wash., was sued for defamation by Bend attorney Kevin Padrick and his company, Obsidian Finance Group LLC, after she made posts on several websites she created accusing them of fraud, corruption, money-laundering and other illegal activities. The appeals court noted Padrick and Obsidian were hired by Summit Accommodators to advise them before filing for bankruptcy, and that the U.S. Bankruptcy Court later appointed Padrick trustee in the Chapter 11 case. The court added that Summit had defrauded investors in its real estate operations through a Ponzi scheme.

A jury in 2011 had awarded Padrick and Obsidian $2.5 million.

“Because Cox’s blog post addressed a matter of public concern, even assuming that Gertz is limited to such speech, the district court should have instructed the jury that it could not find Cox liable for defamation unless it found that she acted negligently,” judge Andrew D. Hurwitz wrote. “We hold that liability for a defamatory blog post involving a matter of public concern cannot be imposed without proof of fault and actual damages.”

The appeals court upheld rulings by the District Court that other posts by Cox were constitutionally protected opinion.

Though Cox acted as her own attorney, UCLA law professor Eugene Volokh, who had written an article on the issue, learned of her case and offered to represent her in an appeal. Volokh said such cases usually end up settled without trial, and it was rare for one to reach the federal appeals court level.

“It makes clear that bloggers have the same First Amendment rights as professional journalists,” he said. “There had been similar precedents before concerning advocacy groups, other writers and book authors. This follows a fairly well established chain of precedents. I believe it is the first federal appeals court level ruling that applies to bloggers.”

An attorney for Padrick said in an email that while they were disappointed in the ruling, they noted the court found “there was no dispute that the statements were false and defamatory.”

“Ms. Cox’s false and defamatory statements have caused substantial damage to our clients, and we are evaluating our options with respect to the court’s decision,” wrote Steven M. Wilker.

From Joanne;

 

Now if we can only get the Illinois ARDC to find that attorney bloggers have the same rights to the First Amendment especially when discussing corruption in the courts, there will be finally a win for the State of Illinois.

Jerome Larkin, head of the ARDC does not want that though.  He refused to have the ARDC managing staff and lawyer publish their Ethics Reports under the Illinois Ethics Reporting Act of 2009.  He ran a kangaroo court for myself and Kenneth Ditkowsky when all we did was write hundreds of faxes, letters and blog posts to protest the fact that the Mary G Sykes case was wired, the Judges admitted it in various ways, Judge Stuart lied at my trial when at first she sad she never chained poor Gloria Sykes, the Protective younger daughter, and threaten her pets with euthanization. Eventually, as warned by this blog on May 23, 2015, Mary Sykes, age 95 was narcotized to death and her body has not been tox screened or autopsied, but the Cook County Coroner should do it ASAP.

We now have a list of 30 probate cases across the nation where seniors were subject to “target, isolate, drain the estate, narcotize to eliminate and then creamate (to destroy the witness and evidence”.

Jerome Larking and his staff of ARDC attorneys–Sharon Opryszek, Melissa Smart and Leah Guiterrez Black have all covered up the Mary G. Sykes case and others where seniors have been fleeced and narcotized to death.

Recently Morris Eformes and Son Phillip were indicted for $1 billion in Medicare/Medicaid and state health care fund fraud in Florida.

Jerome Larkin protected Illinois Atty Seth Gillman for TWO YEARS, while he prosecuted myself and Ken Ditkowsky for speaking out against this massive network of health care fraud and probate court fraud in Illinois.

Illinois citizens are demanding better government. We want people who engage in these crimes and cover ups to either be indicted or tested immediately for psychopathy with a PET brain scan and removed and delicensed.

It is psychopaths like these that destroy the very fabric and fiber of civilization leaving Illinois and Chicago and unsafe environment for disableds and senior citizens.

Joanne

see case decision here:  http://cdn.ca9.uscourts.gov/datastore/opinions/2014/01/17/12-35238.pdf

From Activist Post–More brilliant work on the troubles afoot.

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Another brave and brilliant reporter jumps into the waters again, asking more and more questions about what is actually going on here?  If you love asking the IARDC questions, you will love this article.

http://www.activistpost.com/2013/10/government-attorneys-implicated-in.html

This is an amazing article and I want to give a huge vote of thanks to the reporter that has spent many hours working on this.

 

From KDD – more witness tampering and obstruction of justice by the IARDC

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From: kenneth ditkowsky
Sent: Oct 27, 2013 6:39 AM
To: Janet Phelan , “jdit@aol.com”  , Cook County [agency] , [agency] , Harry Heckert , “jdenison@surfree.com” , “matt_abbott@kirk.senate.gov” , “ces@cspin.com” , “lawrence@Lhyman.com” , Edward Carter
Subject: Re: Why don’t they prosecute attorneys denying human and civil rights to seniors?

Every judicial scandal has certain elements.   Certain lawyers appear to be ‘bag men’ and other influence brokers.    Greylord exposed the pattern in vivid detail.   Certain fixers always stand out.   There is a book that came out in the late 1990’s that I believe was called the “Jewish Mafia” that exposed the Arvey, Hodes, group.  This group subsequently moved to California and became associated with the movie industry.
Similar pattern is appearing in the ‘elder cleansing scandal except the problem seems to be franchised.   To date I have not found a Mr. Big or Mrs. Big.    What I’ve discovered is franchises that are doled out to individuals.    For instance, the F estate in Florida fits the pattern.   The attorney franchise in the Sykes case fits the pattern.  ([entity’s] attempt to grab Gloria Sykes’ insurance money is a clue).    The [entity] in Gore also fits the pattern, especially with Alice Gore being placed in an Esformes nursing home.   The mining of Gore’s teeth for the Au is an example of the greed!
I do not believe that [entity] is a big player in Illinois.   His name comes up frequently so his involvement is set in stone.   The [entities] who frequently are used to sign the certificates of incompetency are  rote players.    Similarly, the [agency] [entities] who act in concert with the miscreants do not appear to be major actors.
In my case the incidents with Dr. Patel and the testimony of Dr. Patel illustrate the ‘catch as catch can’ approach of the attorneys who aid and abet the miscreants.    As you are aware that prior to filing a lawsuit the Courts require that the attorney have sufficient information to certify that the complaint is not frivolous.   Thus, to find out the facts I wrote a FRCP 11 letter to Dr. Patel.
Seizing on the ‘any port in a storm’ approach [entity] and his co conspirators attempted to create a ‘catch 22’.     They and their aiders and abetters took the position that doing a FRCP investigation of any case in which the elder cleansers had targeted was unethical.    In a captive environment apparently such has some appeal.
The [agency][entity] apparently was directed to create the illusion that the FRCP 11 letter was intimidating as it asked the question of how the same patient could be to one doctor able to speak and understand everything and to [entity] she was a stone.     What the miscreants did not want to be revealed was the fact that dozens if not hundreds of victims were railroaded in guardianships in the same manner and there was a franchise set up to obtain medical opinions that suited the miscreants.   Gloria in her pro-se examination of a [entity] had him admit that he was giving his professional opinion without ever meeting Mary Sykes!
 Dr. Patel had no stake in the effort to shut me up and therefore he was disinterested.   Pressing on in their efforts to silence me, the [agency-entity] made secret contact with Patel and told him what she wanted him to say and even sent him documents.   (In discovery she did not disclose her prior contact or her communication with Patel; however, during her aborted attempt to create the facade that in an effort to obtain justice Dr. Patel was to testify by telephone, she inadvertently disclosed the contact).
Patel was brought into the hearing and he was never asked if he was intimidated.   Larry brought out the fact that Patel received the communication and did not respond to it, but merely placed it in the file.   The attempted subordination of perjury failed!    (I assume that when an Honest complete and comprehensive investigation is completed this fiasco will come back to haunt the young attorney how was assigned this task.)
Greylord was a great teacher.   It taught the miscreant leader to stay under cover.    The Rothner deposition in the Northshore case gives a clue to the MO.   The MO of Enron is refined and cleverly executed.    Little by little the government is unwinding the web but these are very clever and smart people.   Their fingers are in everything and their time table very well thought out.
In short the ‘elder cleansing’ portion of this scandal is just one of the cancers that has infected our society.    It is part of a much larger scandal but it is very real and very difficult for the families who fall victim to the avarice of the miscreants.    Your research into the [agency] reveals that the tentacles reach into that organization and instead of doing their job to protect the public, they waste public money in protecting the foot soldiers who do the dirty work for the ‘elder cleansers!’    [I’ll have Larry segregate the Patel testimony on Monday and send you both sessions – it is very revealing.]
Once again – thank you for taking the time to do an expose of ‘elder cleansing’ in Illinois and exposing the underbelly of the IARDC.    I’ve copied law enforcement as to this e-mail as what we have is a National Problem and it is the duty of every citizen to assist and co-operate with every HONEST complete and comprehensive investigation of ‘elder cleansing’ and to keep calling for HONEST complete and comprehensive investigations until our disabled and senior citizens can go into our courts and not fear to be victimized by the ‘judicial officials!’
Ken Ditkowsky

From KDD–He asks how much courage do you need to fight all of this trouble

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From: kenneth ditkowsky
Sent: Oct 26, 2013 7:50 AM
To: “jdenison@surfree.com”
Subject: Blog

The First Amendment is a core value of American culture, and the Amendment is the first to be attacked by those who wish to take our freedom from us.   In the past half century there have been numerous attacks by our political leaders on the First Amendment.  Recently the left leaning political types attempted to use the IRS to silence the ‘tea party.’  The clout heavy criminals who promulgate the enterprise and cottage industry of ‘elder cleansing’ are using the lawyer disciplinary boards to silence lawyers who stand in their way of abusing and exploiting seniors.
Few individuals want to stand up to the entrenched political types.   Even fewer are willing to put their own reputations and well being on the line and be counted.   It is easy to stand on the sidelines and throw rocks and be part of the ‘mob’ but it not easy to stand up and go face to face with those in authority who are assaulting our core values.   The political types are much more attractive than you and I.  Hate, avarice, and a ‘fast buck’ are much easier to sell than hard work, diligence, and doing the right thing without even the remote possibility of reward.
With your blog you have done exactly that, and provided the families of the victims of elder cleansing with a forum for exercise of their First Amendment Rights.   Read [entity 1]  letter to [agency] by [entity]  that is attached to the letter that I wrote yesterday.   She is terrified that the Probate Sharks blog will stir an Honest investigation of her part in elder cleansing.   Similarly [numerous entities] and others have expended great energy in getting [entity] and the [agency] to attempt to silence attorneys who contribute to the NASGA including you and me.
When brute force fails to silence and destroy First Amendment Rights then one by one each opponent is approached by advocates of the assault on the First Amendment and we are confronted by people who suggest to us that our own best interests are served by just a concession.   Some of the people who appear as advocates are sincere and some are acting in concert with the miscreants.
Self interest is a powerful force, and it is a legitimate force.   Being foolish, being stubborn, or committing professional Suicide is not a respected method of solving a problem.   It is always better to in a proper situation to retreat and come back to fight another day than to get destroyed.
Last night I watched you address this scenario and was impressed by the solution that you reached.   The decision took great courage.   More importantly the decision set an example for your family and friends.   I say this not because I took the same tack, but because I know what it is to stand up for principle and have to take the consequences of the decision.
I applaud your decision to stand four square for your Rights as a Citizen of the United States of America and the rights that we all share that are America’s core values.
Ken Ditkowsky

http://www.ditkowskylawoffice.com/

From KDD–he asks, where do the complaints [to authorities] go besides the desk to circular file effluent.

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To: NASGA <NASGA.org@gmail.com>, probate sharks <verenusl@gmail.com>, “jdenison@surfree.com” <jdenison@surfree.com>, Harry Heckert <vahrh1135@aol.com>, “janet_c_phelan@yahoo.com” <janet_c_phelan@yahoo.com>, j ditkowsky <jdit@aol.com>, “zamirkatan@aol.com” <zamirkatan@aol.com>, “60m@cbsnews.com” <60m@cbsnews.com>

Subject: Liability for violation of 42 USCA 1983, Tax Fraud, et al
Date: Oct 22, 2013 9:19 PM
Civil Rights and particular the First Amendment are core values of America.   People who attempt to deprive others of First Amendment Rights walk a very thin cord.   Public bodies (including the [authorities]) are not exempt of protected from the onus of violation of the First Amendment Rights of citizens.   Indeed, officials including attorneys must respect the core rights of citizens or suffer some very severe consequences.

Just like the policeman who beats a suspect, the bureaucrat who misuses his position to ‘cover up’ elder cleansing, racial cleansing, ethnic cleansing etc has to account both in the civil sector and the criminal sector.   There is absolutely no excuse for a lawyer to not know the Rule of Law as decreed by the Supreme Court of the United States.

Many citizens have inquired as to how come the [authorities] have not prosecuted the miscreant lawyers such as those who have surfaced in [certain probate] cases.   certainly there have been many complaints filed against them.   Everyone knows that Gloria Sykes, the Coopers, Schwartz etc have filed detailed complaints.   Pursuant to Himmel I have personally written the [authorities] as I believe that when Mary Sykes’ safety deposit box was ‘looted’ it was unconscionable that the two [entities] refused to report this situation to the Court.    The fact that the person who removed the gold coins did not deny (and has not denied) the theft was significant.   Only the [entities]  and [authorities] were active in denying a fact that everyone knew was a fact.

Thus, how come JoAnne Denison and yours truly are in the ‘dock’ for demanding an Honest complete and comprehensive investigation.   Yes, I came to the same conclusion as you.   It is my opinion that the attempt to ‘shut up’ both Ms. Dension and me is a violation of 42 USCA 1983, the public policy of the State of Illinois and is without jurisdiction and therefore a clearly ultra vires act.   Pursuant to Himmel this has been reported by me to the [authorities] which did nothing.   Saying they did nothing is not actually accurate.  [the authorities ]wrote me to report to me that [an entity] had been appointed Gloria Sykes’ guardian ad litem.   (This report became a typo 17 days later, but no investigation followed!)

In my opinion the conduct of the [authorities] is aiding and abetting the ‘elder cleansing’ of Mary Sykes.   It is also aiding the person who breached her fiduciary relationship to Mary Sykes avoid having to pay the United States of America and the State of Illinois the income taxes that are due.   As no one has been delegated the right to monitor, impede, censor, otherwise interfere with my, Ms Dension or other citizen’s First Amendment Rights, [the authorities] and every member of his staff involved has acted in an ultra vires manner acting under color of authority to deny and/or interfere with our civil rights.   As there has been and can be no delegation there can be no immunity!   Read the words of 42 USCA sec.  1983.

I am certain that the United States of America and the Illinois Department of Revenue are delighted by the ‘cover’ that [the authorities] have afforded the people who obtained benefits from the profits of their ‘elder cleansing’ and did not report and did not pay taxes on the benefits.   Tax evasion and aiding and abetting tax evasion historically has not been an accepted practice and I assume that with trillions of dollars in deficits the elder cleansing industry will ultimately have to pay its ‘fair share!’

It is my hope that I have answered the questions that have been presented.   I do not know if and when Law enforcement is going to address this ‘elder cleansing’ issue.    I do know that the law and basic civil rights are being violated and we need not only transparency but we need an HONEST complete and comprehensive investigation of not only the lawyers involved in elder cleansing but those who aid and abet them.   (I’ve again copied the ARDC, but having first hand experience I have little hope that they are interested in protecting the public.  The miscreants are safe to continue to prey on the old, infirm, and those citizens who are being targeted.   The removal of Mrs. Gore’s gold filings is a testament to perfidy that has been allowed to flourish. )
For the record, JoAnne Denison received word that the [authorities] desires to obtain a delay in her hearing before [the authorities].   It is my opinion that if the [authorities] operates under any guise of ‘good faith’ the charges brought against her should be dismissed and she provided suitable restitution for the ultra vires interference with her civil rights.
Ken Ditkowsky
http://www.ditkowskylawoffice.com/

From Joanne;

It it utterly unconscionable that when Gloria has filed numerous notices to the court, demands upon the [authorities] that gold coins are missing, a safe deposit box was drilled, contents removed AND NO INVESTIGATION BY THEM, their behavior is scandalous.  [one entity] testified in a court of law on or about Sept. 12, 2013 that he served subpoenas on the bank and nothing came of it–this is despite the fact those subpoenas MUST be filed with the clerk and the Record on Appeal (“ROA”) shows no such subpoenas, no return of service and no affidavit of service in the ROA.  This is outrageous behavior for [an entity].  He should have served subpoenas on Pullman Bank for the signature sheets from April 2010, the video footage, names of the person in the vault area for what was said to them.  Instead nothing but a lie–and the [authorities], rather than investigate the lie which has been brought to their attention in the 43 points and 60+ points the [authorities] got wrong at KDD’s trial, they conspicuously ignore it themselves.

But this blog does not lie.  It tells the truth.  It knows there is funny business afoot and yet the [authorities] prosecutes the messengers in lieu of cleaning its own house.  Everyone has to put pressure on the Ill. Sup. Ct. to clean house at the [authorities].  Please write and call them and demand that the [authorities] comply with state law – 5 USC 420 and reveal all of their extracurricular dealings in finances and ethics.

Clerk’s Office – Springfield
Temporary Address
421 East Capitol Avenue,
Springfield, Illinois 62701
(217) 782-2035
TDD (217) 524-8132
Office Hours:  8:30 – 4:30


Clerk’s Office – Chicago
Michael A. Bilandic Building
160 North LaSalle Street
Chicago, IL 60601
(312) 793-1332
TDD (312) 793-6185
Office Hours:  8:30 – 4:30

Ask for the Chief Justice, Thomas L. Kilbride or any of the other justices and ask why there is no justice for Mary Sykes.  Where are her gold coins?  How many appeals have been filed before him and there was no justice for Mary Sykes.  Maybe she is just one little old lady of 93 who used to live in an inconspicuous 2 flat on the north side, but she was beloved by dozens of family members and friends, and I am one of them.

Here are the other justices:

http://www.state.il.us/court/SupremeCourt/meetsupremecourt.asp

Now, [an entity] has asked why aren’t the courts more open to the average man and woman, well besides the obvious cost of litigation and attorneys and rules books 4 inches thick that read like Japanese stereo instructions, why would anyone go to court when the story of Mary G. Sykes and the ARDC has been published on this blog?  What is the point?

Justice [redacted] needs to take these issues seriously and take control of his courts.  I know he is just one person, but he is the one person, unlike myself, Ken Ditkowsky, Janet Phelan, Gloria Sykes and many, many others who have posted here, that can make a gigantuan difference in these cases.

Latest update from the IARDC — NO TRIAL NEXT WEEK!

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For all of you out there that have been waiting for my blog trial–a trial that consists of nothing but an attorney blogging about probate and other legal issues on a real time basis with real thoughts and feeling and impressions, unvarnished and fully raw, for some reason I received an Order in the mail, no trial for me or this blog next week!

A welcome relief since there are many, many things to do for a 4 day trial.  And I’m not even sure it will not run longer than that with all my evidence–4 fact witness, Gloria, Scott, Yolanda and Kathie that are willing to come and testify the blog is the truth, then 4 or more expert witnesses–Atty Ken Ditkowsky on constitutional law, Bev and Ken Cooper on running a blog and local area weekly cable show, John Howard Wyman, the author of a popular and highly rated probate victim book — Against Her Will, available on Amazon, Sylvia Rudek from NASGA.  All highly excellent and competent witnesses who will confirm that what I say, as unbelievable as it may seem, is not only accurate, but has been and is currently experienced by many, many people across the nation! Mary Sykes is not alone and I am not crazy.  What I relate to you, my dear reads is not fiction or imagination.

But what caused all this?  No one said, but here is what happened last week.

On October 15, 2013, both parties were to file their Motions in Limine (pre trial motions) and exhibits.  My clerk was suddenly out of the office, his father suddenly and unexpectedly died, so I filed by mail.  I used the same exhibits I used in the Gloria-Scott-Yolanda-Kathie deposition and just added one more, a $60,000 tax lien that was found on [an entity’s] property.  Hmm, this is indeed a serious ethical violation.  So maybe that is a problem.

On Thursday, Oct. 18, 2013, I received a large box of documents from [an entity] which purported to contain 33 exhibits and 10 Motions in Limine to bar all my witnesses and exhibits–an excessive and abusive amount, if you ask me.

Curiously, when I look at what was actually included, there was in fact only ONE motion in limine to bar KDD, and the other motions, nos. 2 to 10 were missing!

So right away I call and fax [the entities] warning them–Houston, we have a problem.

No response.  So Monday I call up the ARDC and talk to the clerk’s offices.  Yes, she confirms the filing she has only has one motion in limine to bar KDD, and the rest are missing from her copy.  I ask for her name, and I think she said [***}, so I ask her to spell it out and rather than do that she says I should speak to [an authority] and she puts me thru without answering!

[an entity] actually answers the phone, but it is weird.  I identify myself and start to ask about the box of documents, but she starts excitedly demanding “how did I get through?”  “you’re only supposed to go to voice mail”  “I don’t want to talk to you because you always turn things around on me when I talk to you on the phone.”  which is indeed very interesting because I have never spoken [this entity] on the phone before this, I only spoke to her once before at my deposition.

She must be a little excited today, I figure.

In any case, here is my fax to her:

https://docs.google.com/file/d/0B6FbJzwtHocwclRYclVxYlpQWVk/edit?usp=sharing

and here is the only one Motion in Limine that I got from her and she never sent along the others:

https://docs.google.com/file/d/0B6FbJzwtHocwR1dmcklBcGtZS1U/edit?usp=sharing

and here is the order to reset the trial dates, mailed to me and no one had the decency to call me on Monday:

https://docs.google.com/file/d/0B6FbJzwtHocwWUl5aEtmbjJxNWc/edit?usp=sharing

So let’s wait until Oct. 28, 2013 when we are supposed to have another conference call with the tribunal and see what happens.

thanks

joanne

From Ken Ditkowsky–new investigation by private reporters

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From: kenneth ditkowsky
Sent: Oct 21, 2013 6:31 AM
To: Reporter 1, Reporter 2,  “IllinoisLawyerNow@isba.org” , “illinois.ardc@gmail.com”
, “60m@cbsnews.com” <60m@cbsnews.com>, “tips@tribune.com” , SUNTIMES , “chicagotonight@wttw.com” , “jdenison@surfree.com”
Subject: Illinois [authority] investigation

In Illinois we have a requirement that requires lawyers to report the bad conduct of other lawyers focusing in on criminal behavior and behavior in violation of Illinois and Federal statutes.   However, when issues surrounding [certain legal fora] are reported over and over, the complaints are routinely dismissed.
Your HONEST comprehensive and complete investigation of [certain authorities] now being spread of record on the internet is pure “fresh air!” and is much appreciated.    I hope that you are sharing the information that you have uncovered with law enforcement and the legal authorities here in Illinois as soon as your investigation is over.    In theory we do not have ‘classes’ of people in America, however, the information that you are gathering and disclosing suggests the contrary.     When lawyers are not free to speak out (or are afraid to do so) on subjects such as ‘elder cleansing’ and the systematic separation of senior citizens from their liberty, their property, civil rights and human rights America is in real trouble.      When a lawyer is asked by the [the authorities] if he repents for writing to the Attorney General of the United States concerning this subject, America is in real trouble.     When a lawyers call for an investigation of obvious criminal conduct is met with [], America is in serious trouble. ****
The ‘free press’ and the free association of ideas is essential.     It was not long ago that Illinois was exposed in the ‘Greylord’ investigation and 15 judges went to jail and many others were forced to resign.    It appears the ‘elder cleansing’ scandal is ultimately going to yield similar embarrassment.      Mr. Chambers has scanned in the transcripts of statements made by several [authorities] as part of their prosecution of me for speaking out on the subject of ‘elder cleansing!’     You will find them enlightening!      The prosecution of Ms. Denison is just so wrong that I am asking Law Enforcement to look into it!     In my opinion it is another terrible assault on our Republic!       How can an [atty] be challenged for publishing a ‘content related or political’ blog in light of the First Amendment and the Rule of Law as decreed by the Supreme Court of the United States!
Thank you for carrying the ‘leading oar’ in alerting Law Enforcement to “elder cleansing!”     A democratic society cannot tolerate Ethnic, Racial or Elder Cleansing.    Getting old is not a crime and certainly not an excuse for aiding and abetting predators in depriving the elderly of their liberty property civil and human rights.
Ken Ditkowsky

http://www.ditkowskylawoffice.com/

And I would personally like to thank the investigative reporters who are donating their time and efforts to spend countless hours pouring over information and analyzing it for review.  Of course, the information will have to be carefully preserved so it does not “disappear” or “suddenly changes” like transcripts in probate.

We are hoping to find some relief for these families and probate victims. So far, the system and authorities continue to ignore their pleas, yet heaping another level of abuse upon these poor innocent victims.

Any help or information anyone can donate will be greatly appreciated.

I am going to trial next week on this blog.  I don’t take it personally.  I am not the blog and the blog is not me.  It is a living, breathing, collection of thoughts, experiences, opinions and information donated over this past 16 months from a wide variety of readers and fans.  I am only one small part in it.  You channel your concerns, your past problems, abuses and troubles here.  I understand that and respect that.  I am only your channel and I am not what you are or who you are.  I am most certainly not what the [the authorities] wants me to be, but they have not submitted any input into this blog.   The blog speaks honesty and the truth and it is what the relevant marketplace wants and it is the truth.

Let’s see if the [authorities] do.

Just what is the IARDC and give us all NORMAL, TYPICAL operational details

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Dear Readers;

As my trial quickly approaches, and the “funny stuff” continues (KDD has a strange email in his exhibits that “must be struck” because it instructs IARDC investigators to pull credit reports on “two Illinois” attorneys, etc.–which is illegal) and we’re starting to pull pubic records (unlike this IARDC we do not pull clandestine credit reports without written authorization from anyone), reporters are asking me what they consider “typical” questions about who and what the IARDC is, and you know what?  I’ve come to realize, what I thought was true wasn’t.

For example, we have previously published that the IARDC apparently isn’t in compliance with state laws requiring annual ethics/financial reports.  We talked to the Sec. of State where they are to go, the IARDC itself and most of the attorneys we have contacted, were rude about it yet admitted they did not do this.

Who is running this place?  Atty Jerome Larkin through SO and MS is the atty that initiates all of  the pleadings filed against myself and Ken, but I have googled for that information and a reporter has asked, but we have yet to find his ethics/reporting disclosure.

Is there a reason for this?

And then, after smelling that fish that appears to be old and stinky, we ask who are these people and how are they “appointed” as declared on their website.  Are they appointed by one party or both? Does the IARDC comply with the Shakman rule that requires a state organization must not hire based upon politics.  I spoke with Atty Shakman, who appears to be the expert in this area and he says he knows nothing about the IARDC and Shakman compliance.

So, who are these people?  How did they come by their jobs, and most important, what salaries do they make?  Other state websites report on salaries paid (google Illinois state employee salaries, the Illinois Controller publishes the checks she writes–good for her–and Gov. Quinn publishes–good for him).  After all the IARDC does not hold a bake sale to regulate the professional licenses of attorneys.  And you know if you want to control money and power, start with the attorneys, for sure.  That’s what the Nazis did.  They learned from prior totalitarian regimes to kick out any law provider that might oppose one’s fascist policies, leaving the people powerless to fight for their rights and for the court system to become a non-entity in a tripartite government system that is supposed to have checks and balances built in (executive, legislative and judicial branches)

The IARDC has no transparency in this area.  It does not publish salaries (though I have heard they are in the reasonable range of $50,000 to about $180,000 for the jobs there).  They are said to have about 50 employees, then they have non paid Inquiry Board (that votes on whether to file a complaint), a non paid Tribunal (that hears disciplianry complaints) and a Review Board that approves decisions made by the Tribunals.

But if there is no transparency, and we don’t know how these 50+ people are selected and we don’t ask them to do yearly ethics and financials disclosures, then no matter how many levels you can dream up to “look authentic” pack it with your friends and co-conspirators, you are left with something that is dysfunctional at it’s very roots.

Maybe I grew up in Chicago, have read the Chicago Tribune and Suntimes for decades and seen dozens and dozens of politicians, judges and lawyers going to club fed med for outright bribes, payola and “pay to play” schemes I’m just paranoid and skeptical.  BUT if there is really transparency at the IARDC, they would publish salaries, they would publish they are in compliance with Shakman and show how that is, they would publish.

The [this agency] annual report for 2012 is published on their website.  It does not talk about ethics/financial disclosures (some employees at the [this agency] have told us they are exempt because they are a private organization and not part of the state at all–but they regulate a public monopoly–law licenses), some attorneys were upset they were not told they had to do this when they looked up the law, others were rude and slammed the phone down.

I guess if you talk enough about other’s unethical behavior and post rules for everyone else, that can easily hide the fact you don’t do the same.

I challenge the IARDC today to do the right thing and publish those reports online for each employee for each year they worked at the IARDC.  If it’s a bad report, so be it.  Also, they should publish annual salaries and how much has been paid to each employee for past years.

THEN, if all that turns out okay, then they will be qualified to judge ME.

But watch and see, they won’t do that, they will charge ahead.

And that’s exactly the type of behavior everyone on the probate blogs is questioning.

JoAnne

From KDD, when is it appropriate for you or your agency to take the 5th Amendment

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The answer:  1) When someone put a document in your file which is an email to one of your staff asking they “pull credit reports on two Illinois attorneys” (when you have no written authorization from them, and this is a violation of federal law), and

2)  when every other attorney who is an office holder, a judge, in a judicial position, on a board, commission and the like, but for some reason you and your office and staff do not file the requisite annual “Report of Economic Interests” online with the Secretary of State in response to an Ethics Law revised in 2009!

That’s when.

Ken pointed this out to me today that the request to destroy an important document in a file and make sure neither you nor your staff is reporting annually on “Economic Interests” is just like taking the 5th amendment, right?

Their rule:  If you break the law, do NOT tell anyone.

From: kenneth ditkowsky
Sent: Oct 14, 2013 9:40 PM
To: “janet_c_phelan@yahoo.com”
Cc: JoAnne Denison , “lawrence@Lhyman.com” , Eric Holder , Harry Heckert , j ditkowsky , Tim NASGA , NASGA , probate sharks , , jim , “ACLU@ACLU.ORG”
Subject: Re: F2F–Radio segment on government attorneys violating law, shutting down ethical lawyers

please allow me to thank you for your support.
What always amazes me is the fact that the people picked to be the guardians of my virginity, ethics, et al almost always seem to be more deficient then me.
The failure to file financial disclosure statements is terrible as people who claim to be ethical should meet the test of Caesar’s wife.     However, in recent weeks in addition to discovering a ‘smoking gun letter’  an [entity] moved before the Review Board to remove a document attached to [an agency] exhibit 3 from the record and destroy it.    He falsely claimed that the document had gotten into the file by inadvertence.
If you believe that one – can I interest you in the Brooklyn Bridge – I can get you a great price.    To have a document admitted into evidence the two attorneys for the [this agency] had to examine it.    In addition the document has to be submitted to the attorneys for the respondent.   Finally the triers of fact have to examine it.    Assuming that none of the staff examined the document 7 people examined the document before it was admitted into evidence.     (It is my memory that when exhibit 3 was admitted into evidence the offending document was not attached – that means that the record was tampered with!    Tampering with evidence is clearly not ethical – in fact it has aspects of criminality.)
Ok – assume that all 7 of us saw the document and said nothing.    The arrogance of asking for a document to be removed from the file and destroyed is quite unusual.    In fact removing documents is ‘contempt’ and ‘destroying the documents’ is criminal.    Yes, the Review panel granted the motion.    Based upon the obvious bias and the obvious wrongfulness I moved to dismiss and also for the panel to recuse themselves based upon their patent bias.    This did not happen!    The panel however modified their order to place the offending document under ‘seal!’
We need that HONEST complete and comprehensive investigation of ‘elder cleansing.’
Ken Ditkowsky

Let’s play a guessing game..

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The winner will get a Whole Food $20 gift card if they also can document they told the [an agency] this too at the same time.

If you go to the website: http://www.ilsos.gov/economicinterest/economicinterest

You will see where you can get a copy of all the ethics reporting forms filed with the Secretary of State in relation to the Government Ethics Act of 2009 where 900 state agencies and boards and offices have to file an annual detailed Ethics Form.

There is a pull down menu, so I thought I would look for all the agencies, boards, offices and positions that an attorney can or must hold.

I cam up with this list from the pull down menu:

1) attorney general

2) states attorney appellate prosecutor

3) candidate for:  — appellate court judges

4)                           — supreme court judge

5)                           — attorney general

6)  Judicial Inquiry Board (staff, I presume)

7)  Judicial Inquiry Board Member

8)  Professional Registration Committees and Boards (IDPR)

9) State Appellate Defender

10) State Appellate Prosecutor.

Yep, you would think that would cover all those attorneys out there that should file a 3 page form to show they don’t do unethical things like get bribes from lobbyists, have others take out or pay off their mortgages, give them interesting things–like cash.

So, who is missing from the list?  First accurate answer gets the $20 gift card.

How is it all these other attorneys and agencies are on this list, and the judges do extremely detailed reports to the Ill. Supreme Ct. under Ill. Sup. Ct. Rule 68.

Who or what is giving this group of about 50+ attorneys who are in charge of a very powerful agency, a complete pass.  Like free parking money.  Like go around the board over and over for free and collect $200.

Who is doing this?

Janet C Phelan asks “why isn’t the ARDC doing detailed ethics/reporting”

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Can anyone answer that question?  All judges have to do it.  All Boards and Commissions have to do it per Ill. State Law and the Illinois Constitution.

What IS going on at the ARDC and can anyone get an answer out of them other than “we are exempt?”  Because they say so?

Download and listen to Janet Phalen’s comments on Blog Talk Radio about the ARDC and the “funny stuff” that is going on.  If you think they have some explaining to do, CALL THEM.

https://docs.google.com/file/d/0B6FbJzwtHocwc1BCbHpPelBxX00/edit?usp=sharing

cite the Illinois Constitution.  The ARDC stands for (and I won’t tell you what my probate victims say that it stands for)  Attorney Registration and Disciplinary Commission.  The Illinois Constitution creates a Court System in the document and the Ill. Supreme court creates the ARDC which is a state “Commission”

ARTICLE XIII
GENERAL PROVISIONS

SECTION 1. DISQUALIFICATION FOR PUBLIC OFFICE
***

SECTION 2.  STATEMENT OF ECONOMIC INTERESTS
All candidates for or holders of state offices and all
members of a Commission or Board created by this Constitution
shall file a verified statement of their economic interests,
as provided by law. The General Assembly by law may impose a
similar requirement upon candidates for, or holders of,
offices in units of local government and school districts.
Statements shall be filed annually with the Secretary of
State and shall be available for inspection by the public.
The General Assembly by law shall prescribe a reasonable time
for filing the statement. Failure to file a statement within
the time prescribed shall result in ineligibility for, or
forfeiture of, office. This Section shall not be construed as
limiting the authority of any branch of government to
establish and enforce ethical standards for that branch.
(Source: Illinois Constitution.)

Note that supervision of the courts (and therefore attorneys) also comes from the Illinois State Constitution.

ARTICLE VI – Judiciary

SECTION 16. ADMINISTRATION
General administrative and supervisory authority over all
courts is vested in the Supreme Court and shall be exercised
by the Chief Justice in accordance with its rules. The
Supreme Court shall appoint an administrative director and
staff, who shall serve at its pleasure, to assist the Chief
Justice in his duties.

And from state law:

For Judges, these detailed records at kept under Rule 68 at the Illinois Supreme Court Clerk’s offices and must be available to review during normal business hours in both Chicago and Springfield.  You can’t get the information on the internet yet.

For other state employees, they file with the Secretary of State’s offices here:

http://www.ilsos.gov/economicinterest/economicinterest

Both the Secretary of State and the Illinois Supreme Court say they have no reporting from the ARDC  Commission.

The real question is, how is that?

Under the state link:  Report Misconduct:

http://appointments.illinois.gov/reportMisconduct.cfm

It gives a link to the Inspector General for the State of Illinois, but when we write, email, fax and call about the Sykes case, at first they say “they will look into it, thanks for contacting us” but a few weeks later we get, “sorry, we don’t do that.”

From the 2009 Illinois Ethics Act:

ARTICLE 4A.

DISCLOSURE OF ECONOMIC INTERESTS.

(from the Illinois Governmental Ethics Act & State Officials and Employees Ethics Act as amended in 2009)

S 4A-101. Persons required to file. The following persons shall file verified written statements of economic interests, as provided in this Article:

(a) Members of the General Assembly and candidates for nomination or election to the General Assembly.

*****************

(c) Members of a Commission or Board created by the Illinois Constitution, and candidates for nomination or election to such Commission or Board.

*********

(e) Holders of, and candidates for nomination or election to, the office of judge or associate judge of the Circuit Court and the office of judge of the Appellate or Supreme Court.

********

(4) have authority for the approval of professional licenses;

(5) have responsibility with respect to the financial inspection of regulated nongovernmental entities;

(6) adjudicate, arbitrate, or decide any judicial or administrative proceeding, or review the adjudication, arbitration or decision of any judicial or administrative proceeding within the authority of the State; or

(7) have supervisory responsibility for 20 or more employees of the State.

It looks like the ARDC is instantaneously violating several of these laws, and upon a cursory glance of just SOME public records (will be published later),  it looks like the ARDC actually has some house cleaning to do.

Living in Chicago and Illinois for 90% of my life has made me nothing but disgusted will all of this, and I think most of us will agree

and before you think it’s unusual or strange to “report on your ethics in detail and yearly” and the let world know what you have been up to:

from David Orr’s website:

Ethics Filing Online

In accordance with the Illinois Governmental Ethics Act, more than 900 units of government and 22,000 public officials and employees must submit ethics filings to the Clerk’s office. Government agencies provide a list of people who must file a Statement of Economic Interests. Beginning spring 2011, those people will be able to file their questionnaires online. Finally, the public will have instant access to both sets of filings.

Go ahead and CALL THE ARDC, FAX THEM, EMAIL THEM, ASK THEM WHY THE ATTORNEYS THERE DO NOT REPORT–unlike 22,000 other state employees and hundreds of state judges.

 

Then, I think you will find the answer of why the ARDC does not report, and why they are prosecuting HONEST and ETHICAL attorneys who BLOG about corruption.

 

IF THIS IS NOT A SCANDAL AND A PUBLIC OUTRAGE, A BREACH OF THE PUBLIC’S TRUST IN THE LAWS AND LAWYERS, I HONESTLY DO NOT KNOW WHAT IS.  Write or call the ARDC, demand they become HONEST and report.

Breaking news–KDD at before Review Panel today!

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Hearing for KDD

Exceptions have been filed by the appellant.

Mr. D has 20 min to present, administrator 20 min to respond and then 10 min response.

KDD starts

I am here as an atty as a private citizen.  I was never involved in Sykes as an atty in until I was brought in on the sanction motion.  This was vacated and they ruled that I was a private citizen in that case.  I am a private citizen and as such I am entitled to a full complement of rights under the first amendmentto the US constitution

My position is recognized by not only by most jurists, but also by the state of Illinois and ask that you please read 750 ILCS sec 110 (refers to the Illinois Citizens Participation act) wherein a statement has been made by the Illinois Legislature.  It is stated therein that public policy of the State of Illinois is to foster free speech, arguments, debates, positions, opinions, etc. and that this is vital to the preservation of an open and free democracy.

Illinois has a guardianship law that deems to protect senior citizens from abuse, in particular the abuse of being railroaded, just as Mary Sykes was, and this statute exists so that judges and attorneys can try to avoid the improper imposition of guardianship.  I have gone into those guardianship issues in great detail in my brief and else where.

Referring now to 720 ILCS 4. In particular it says that if I make an abuse claim I am given immunity from prosecution and even disciplinary action.

The position of the ARDC here in this case is in fact 100% out of phase.  The commission never received the right to deal with my first amendment rights.

The supreme court has said nothing about allowing lawyer disciplinary boards being allowed to interfere with my constitutional rights,  and there is stare decisis, and this commission is bound by those rules of law,  just like everyone else is so bound.

The Gentile case was never cited by the Administrator because of the statement by Justice Renquist that disciplinary rules cannot publish actions protected by the first amendment.

I as a citizen am entitled to these first amendment rights.

I am a private citizen in relation to the Sykes case.

All I have done is I made a demand for an honest, complete and comprehensive investigation of elder cleansing.  It is the first cousin to racial and ethnic cleansing–and I need not define those for anyone in this room.  I have the right to make that demand to investigte, I have the right to email Mr. Holder, or any other official concerning the Sykes case.  Nonetheless, I was in a hearing room where I as asked to repent for writing that letter–a letter merely requesting that a complete, honest and thorough investigation be made of the Sykes case.

It is firmly my constitutional right to write that letter.

The US Supreme Curt has reviewed a number of first amendment rights, the latest case is one of the most liberal cases: under Alverez, as a private citizen, I have the right to claim I earned the congressional medal of honor, when in fact I have not.

My first amendment rights extend to virtual child porn under X case.

In the Brown case,  violent video games are allowed.

In Snyder, I can go to a funeral and I can say things that are absolutely appalling to the mourners present.

Citizens United clearly wraps this all up and says that first amendment and content based speech is totally protected and the government may not intrude upon my first amendment free speech rights.

The Supreme Court says that in order to take a case it must be investigated.  Rule 127 says I cannot file a case recklessly.  I must investigate.  In April 2010, when Mary’s friends and family came in and they told me Mary had been unfairly railroaded into a guardianship she opposed, I knew I first had to follow this Rule 127 requirement.  However, Rule 127 is not meant to be a catch 22.  It cannot be argued that I must investigate but if I do, other attorneys may complain I am acting unethically.  This is only an ethical obligation and not a trap for the unwary.

How can it ever be unethical to follow the rules of the court?

If you look at the Sykes case, these statements are backed up by affidavits and declarations, by Gloria Sykes, the sisters and the transcripts of the proceeding.  You will notice that not a single person who had actual knowledge was called to testify.  No person who had actual knowledge of the facts of the theft.   No actual person was asked about the 6 trips to the emergency room.

If you want to look at the gold coins,  Gloria Sykes was a signatory on the safe deposit box.  She had an ownership interest in the box.  Yolada Bakken had told me that the bag of coins was about (gestures) 10″ high and 6″ around and it  that it had 6 inches of gold coins in it.

Carolyn Toerpe was never called, yet she has been accused of stealing from the estate.

What they did was they called GAL Stern who said he served a subpoena.  In this case, because it was a safe deposit box, serving a subpoena means nothing because the bank cannot legally know the contents of a safe deposit box..

Gloria should have testified, Yolanda should have testified, and Kathie should have testified.

The appellate court in Soldini declared that the petitioner had to serve prior 14 days service upon the near relatives to attain jurisdiction.  But in Sykes it should be noted court that two sisters were never disclosed, yet the ARDC did not call Gloria Sykes or Yolanda.

During my hearing there was never any search for the truth, any due process, and search for fairness or justice, was ever undertaken.

In the hearing board’s decision, they said the sisters had knowledge of the (12/07/13) hearing.  But it has to be prior knowledge.

Section 5/11a is to protect the due process rights of Mary Sykes and people like her.

There is supposed to be a hearing.  There was no hearing held.  What there was was an agreement between the two GAL’s and Toerpe’s attorney to have Mary declared incompetent and then Toerpe appointed, which then became part of the findings.

Witnesses were not called.  Testimony was not taken.

Referring to the transcript of Aug 2009, there was no ccp211, this judge had to find Mary Sykes incompetent by clear and convincing evidence, it must meet requirement of 5/11a which has specific requirement to have someone declared incompetent, but according to the evidence deposition of Judge C, she states for the record, if counsel is having trouble getting a CCP211 done, the “why don’t we just get another doctor that can do it.”

That is about as close to an announcement promoting doctor shopping as you can get.

If you look at the 14 days notice requirement, you will find something very similar.

Not only that, but Judge Connors, in her deposition was asked, What would happen if there was no jurisdiction? And she answered:  If I found out about it, I would vacate and then I would get the same result.

As a citizen I have right to complain about that.

This is a state where 2 governors were recently .put in prison, 15 sitting judges in Greylord went to prison.

Everyone know in order to get someone before the court you have to serve them with a summons.

It says in the Illinois Probate Act what you have to do to serve a summons.

The sheriffs office denies they served a summons.

There is no evidence of any summons.

You will see they directed an employee to serve at a place in Chicago; however,  mary was living in DuPage county so that was an impossible duty.

The summons must have been in large bold print with a statement of rights, that was never done.

Rule of law equally implies to you I, the probate court and Mary.

The Rules of law have been set forth by the US Supreme Court:

I can make statement untrue about my qualifications,

I can make and propagate virtual child porn, I can provide violent video games to people, I can harass mourners with terrible signs and speeches.

According to this commission I can not complaint about a little old lady being railroaded into a guardianship and deprive her of her human and civil rights.

Let me read the First Amendment to this panel…. Congress shall make no law prohibiting (First amendment read to Board)….and I have the right to petition the government for redress of grievances.  That’s why I wrote Mr. Holder, the AG’s and whomever I could get to take action.

We need to get the Alice Gore investigated.  Why were here gold teeth removed but not inventoried? (This was after she was isolated for 6 months!  This is what M. Solo did to 99 year old Alice Gore.

I have a responsibility to speak out, and it’s the right thing to do.  The people who want to take my license away for doing the right thing are wrong, clearly wrong.

We need to get a complete comprehensive and thorough investigation of these probate cases.

Initial argument ends, the ARDC attorney for the Administrator steps up:

Steven Splitt.

He cites all these cases are all good law with respect to citizens.  However he explains that KDD’s rights are not the same as an ordinary citizen: rather KDD’s rights have been  circumscribed.  The US Sup Ct has never said that you can make false allegations regarding a judge.

Gentile arises out of a Nevada disciplinary action.  The lawyer who represented a criminal defendant, had made a public statement during trial implying that the chief of police had stolen the cocaine.  The NV bar said that the statement would have materially prejudiced a judicial proceeding.

However, the statute had a safe harbor provision and therefore the US Sup Ct said that the statute was not unconstitutional.  What the us supreme court decided was the that the safe harbor was not too vague so as to harm Mr. Gentile’s first amendment rights and therefore the US Sup. Ct. Said the statute would stand and I was not unconstitutional.

Garrison made false statements in his case and the court said constitutional provisions did not protect this.

A lawyer cannot say something false about a court or judge, the lawyer cannot attack a judge.

Everyone understands there are instances when an atty disagrees with the decisions of a judge.

The first amendment protects the person from saying the judge was wrong, but to jump to the idea that the judge was corrupt is entirely different.  If you have no way to jump to corruption based upon the evidence you have knowledge of, that is wrong.

He does not have a objectively fair and reasonable way to claim Stuart and Connors were corrupt.  Both testified that they were not corrupt and did not take any assets from Mary Sykes.

He said that the GAL’s were splitting assets with the judges. (Really?)

Moreover, the Sykes appeal was dismissed because the brief format was in error (Now this is strange, because it’s not in the record), the litigant was given plenty of chances to correct the brief.  (Really?  Where is that in the record?)

No court has even ruled these judge were even wrong.

He was given a responsibility to follow through on the appeal, the appeal was dismissed, they could not file a brief that could follow the rules, and so it was all dismissed.

Lawyers have done this for a number of years, tried to allege corruption and protection under free speech.  This has been going on for a half century in Illinois.

One lawyer immediately jumps to the judge is corrupt.  He jumps to it.  No evidence, no cause.

The first amendment does not protect the false statement when in fact it is false and reckless.

The hearing board concluded KDD’s statements were in fact false.

The testimony of administrator’s witnesses were credible.  Judges Stuart and Connors denied receiving any compensation, and AS and CF denied responsibility for wrongdoing.

Justice Connors denied everything KDD said about her.

He didn’t come up with anything unreasonable or unjust in the Sykes case.

He never showed during his trial any objectively reasonable basis for his statements.

The finding were not erroneous or against the manifest weight of the evidence.

The sanction was appropriate.

He has not denied it.

A half century of law, and multiple instances of harming a judge’s integrity with baseless statements are grounds for discipline.

And in these case, they always end with a long suspension or disbarrment.

He then cites Kozel and other cases–cases where the attorneys called the judges names and insulted them–these are not apposite to KDD’s case.

The sanction recommendation comports with disbarrment.

One of the Board asks about the Duzen case and is there a burden type of shifting.  Splitt responds that there is no burden shifting used in this case.  It talked about burdens of proof, but not shifting.  The administrator did not go to hearing and say you cannot go to hearing and try to  prove all of your allegations made as true.

There was no reasonable basis to say these were true.  He had no reasonable, factual basis.

He concludes.

KDD is back on for ten minutes.

In 1961 I was first sworn in I took an oath to defend the constitution.  It is still my assertion that the Supreme Ct has not granted the ARDC rights to deal in this particular type of case, and determine whether or not (with respect to the first amendment) that attys are second class citizens.  In the Gentile case, Justice Rhenquist made it clear that attorneys have first amendment rights.  That’s a non issue.

As far as appeals are concerned, I have no standing.  I have never filed an appearance in that case or an appeal.  I stand as an ordinary citizen to the Sykes case.

The fact that a lay person can’t get an appellate brief formatted propertly doesn’t make all the wrongdoing at the trial court level right or make it go away..

You have deposition of Judge Connors.  Read what is required to be done. Judge Connors made it clear she did not have to follow all those laws and rules.

The appellate courts says I am a private citizen with respect to the Sykes case.  I am a citizen.  There is nothing in there that makes an attorney second class citizen.  There is nothing that says a citizen cannot complain about an elected official, and as the Gillespie case points out, public officials are subject to free reign as to discussion of (the quality or lack thereof with respect) their job performance in office and they cannot complain. The Gillespie case was right.

The Administrator cites the Sawyer case in his favor, but it is not.

The Sawyer case involved an attorney who was trying a case and when the case was over she gave a lecture about her experiences, and she was very critical of the judge and the law and the Hawaii bar got all hot and bothered about it.

The US Supreme Court said that she had a right to do this under the First Amendment

There has been no indication that a lawyer is a second class citizen whatsoever.

And a 4 year suspension for a 77 years old lawyer is preposterous.

And the suspension is being imposed only for doing what the Ill. Sup. court rules requires me to do.

Court one says I wrote a benign letter to Dr. Patel.  They said that he was intimidated by my letter.  They didn’t even ask him if he was intimidated. (It appeared during trial that he didn’t remember the letter or even reading it).

They have the burden of proof by clear and convincing evidence.

How do you protect the public when the court is saying openly, “let’s find another doctor” when the first won’t cooperate, or Judge Connors says in her deposition with respect to jurisdiction it does not matter because if the case were dismiss for lack of jurisdiction we just would have held another hearing and come to the same result.  That is about as clear a case as you can get of impropriety.

Since the judge is an elected official, I have the right to complaint that this is wrong.

No one can come to you (as a lawyer) and say to you you can’t talk (openly and honestly) to about  this case.

If you are not involved in the case then you can say what you want until the cows come home.

You don’t even have to look at whether the words are true or false. (Or if the GAL’s might cry and wet their pants later over what you said).

The whole situation revolves around a complaint I made to the US AG and other people complaining about a little old laday being taken out of her home, brought into another facility and placed there in derogation of her liberty and property rights and placed in jeopardy.

If you look at the statue of what a guardianship is supposed to be it is only to be used to the extent necessary to protect the ward, orders and decisions should be made only to the extent that the ward herself cannot make a reasoned decision.

When this lady was taken from her home and place in Du Page (without her consent or approval), this was tantamount to giving her a death sentence.  As a lawyer, you have a duty to speak out.  As a judge you have a duty to speak out and say this is wrong.  As a moral person you have a duty to speak out.  I have to face myself in the mirror and if I see what is going on in this case and I see Mary Sykes removed from her home, and isolated and attys should speak out and judges should speak out.  Do you know what that judge did to Mary Sykes, do you know what this judge did to Mrs. Gore and Mrs. Wyman?

There is nothing in our constitution that says lawyers cannot speak out, they must speak out.

What about the limits of our free speech.  What about the cases cited by the Administrator in his argument?

Well, the cases he cited were clearly over ruled in recent U.S. Sup. Ct.  decisions Alvarez, Ashcroft, by Citizens United, I believe have clearly overruled any unnecessary restrictions on content based speech.

Also those cases the Administrator can all be distinguished because in each of those cases, the attorney was a lawyer on the case.

Just because I am a lawyer and I comment on a case, does not make me a second class citizen.

Bussy v Ferguson is no longer the law, because just people rejected the idea of creating a 2nd class of citizenship for certain undesireable people.

Buck v. Bell likewise has rejected the notion that certain disabled people should be considered second class in society.

Going back to when I first investigated this case at the behest of Mary and friends and family, at that time I was looking to being an attorney .  Under FRCP Rule 11 and Ill. Sup. Ct. Rule 127 I had a duty to investigate, I heard what Mary’s friends and family were saying about railroading Mary. So I sent out a letter to her doctor. The letter was very benign.  Dr. Patel was never in any way intimidated.

From the court:  Whatever the letter says it says, did you speak with Mary before that?

KDD replies that he was hired by Mary thru Gloria.

Ding the correct answer is: Mary asked Gloria to hire KDD and he responded.  FURTHER, Gloria was the POA for Mary and she had the right to do so.

If I did not investigate then I would be sanctioned under Rules 127

No further questions or comments and the oral argument concludes

BUT AS THE BOARD WAS WALKING OUT THE ROOM, AND ASK KEN TURNED TO US, EVERYONE IN THE GALLEY STOOD UP AND GAVE KEN A STANDING OVATIONS.

Okay, it took me awhile, I would have dropped my laptop.

JoAnne

What to do when assets are uninventoried or “fall off” the accounting statement? 1099 them!

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One of the most common complaints I hear from probate victims is that assets (often tens of thousands or more) are not inventoried in probate, and/or assets suddenly “fall off” the yearly accounting and the court looks the other way, and no matter how much the victim screams and yells, hollers at the top of their lungs there is theft, embezzlement and fraud going on, the court looks the other way, and the GAL’s and plenary guardians rub their hands together with glee, over whatever split they get for doing this.

 

The solution from Ken?  Send them a 1099!

 

Great idea and thanks Ken.  Let them explain it to the IRS and where the money went.  That’s not my job or yours.

Seriously. I get a choice? Please be with KDD on Friday in his time of need…

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Friday at 11 am with oral argument, that’s when Ken goes before the Review Board at One Prudential Plaza, 15th floor with the ARDC Review Board over his case where he did NOTHING wrong except try to investigate the Sykes case, met up with two nasty GAL’s, one of whom told him outright, you investigate this case and I will ensure you are disbarred–just like a wise guy, and the rest is history.

What did we all find after that fateful investigation?  A probate court without jurisdiction–operating now for 4 years, no discovery permitted by the younger daughter Gloria and millions of dollars in gold coins missing, a safe deposit box in the name of Gloria and Mary drilled out in early 2010, GAL’s that told the court repeatedly “the coins are imaginary, your honor”, GAL’s that told a tribunal “they investigated” by serving subpoenas and then the Record on Appeal comes out and it shows that there were no subpoenas served in fact, no return of service, no certificate of completeness.  I can go on and on about Sykes, but I won’t.

Then we get an ARDC that says no atty can talk about corruption or we have to apologize at the same time we do that and try to convince people it doesn’t exist–despite the fact that most of you, my readers, come from the probate blogs and know that the probate blogs have been ablaze for years on corruption — corruption that goes to the highest levels, from the trial courts up to your state supreme courts and with no explanation and no relief.  Millions of dollars in uninventoried assets missing, tens of thousands that “fall off” inventories and yearly accountings and the judges look the other way and the GAL’s and guardians and conservators rub their hands together and cackle with glee. They get what percent for doing that?  Now I have an experienced investigative reporter from Westchester New York, former atty Dean Loren, telling me that it looks like the loot is going to campaign contributions and both parties are doing it!  I have Janet Phelan, an experienced reporter telling me to pull property records and in her case she found definite trends of money laundering from the dirtiest judges in Calfornia–and got them off her case.  She found pulling Judicial Ethics and Financial disclosures–which must be detailed by law, is the best way hands down to get rid of the dirt.  Then there are the people who ask me their judges that are absolutely awful and unjust were never elected.  What’s up with that? Then I am told by my sources that the powers that be have an honest and clean attorney elected to be a judge, suddenly he retires after a couple months, and then what is appointed is dirt.

So I guess attorneys have to apologize for talking about corruption, and I am sorry I have to do that.  I really am.  I can’t practice law effectively, I can’t explain this to my clients, because they turn on me and ask what are YOU doing about all this.  I have no answer. Ken and I can write to the AG’s the FBI and we can blog, but that’s about it.  We are not prosecutors, true investigators with databases handy at our fingertips, etc.

At some point, the system just gets caught up in itself and there is no answer.

Ken’s oral argument is Friday, my trial is on October 28, 2013 and I got told by a former ARDC attorney that the ARDC never gives up, they keep on going until they get you–despite all evidence to the contrary!  I’ve been an attorney for 27 years and I’ve always believe in truth and justice, and when it turns out your client’s case is a dud, graciously get rid of it or get yourself out of the case.  Don’t ever get involved in injustice because it’s just bad karma and the universe WILL make you pay for that, and the longer you go on, the larger the repayment will be.

It’s always easier, I have found to tell the truth, to act with justice and honor, to tell your clients you are an officer of the court and as such you won’t suborn perjury, fight a useless fight for their own greed and evil, and their case just fell apart and you recommend a stipulated dismissal with prejudice.

I’m not going to tell the ARDC what to do, but if this truly is their policy–go after honest and ethical attorneys, don’t stop when you are faced with the undeniable truth–it’s bad karma and never works out in the end.

But the other thing I know is that you can’t interfere with someone else’s karma and you can’t control people.  That’s up to the universe who will always be a much stricter school marm than you or I will always be.

In the meantime, Mr. Ken Cooper of Probate Sharks, another famous Probate Blog that decries the lack of justice in our nation’s probate courts, provides us today with the following sentiments:

On Thu, Oct 10, 2013 at 8:14 AM, JoAnne M Denison <jdenison@surfree.com> wrote:
Dear Ken;

You are way too sweet.  Okay to publish?

thanks

joanne
—–Original Message—–
From: Lucius Verenus
Sent: Oct 10, 2013 7:29 AM
To: kenneth ditkowsky
Cc: JANET PHELAN , JoAnne M Denison , Atty Ken Ditkowsky , Lisa Vogel GNT title , Robert Voegel , “tips@tribune.com” , SUNTIMES , “60m@cbsnews.com” <60m@cbsnews.com>, NASGA , j ditkowsky
Subject: Re: Seriously. A choice?

There are times and events where individuals and small groups of people stand fast against tyranny and corruption. Some of the heroes are historical figures and many are lost in the fog of history.  Famous notable examples are the Spartans at Thermopylae, The Alamo, von Staufenberg of “The Hitler Bomb Plot” and Sir Thomas Mann.
Few, will note or remember the sacrifice of the “Students against Hitler”, Hildegard Gruenigan, Krisof Probst, Axel Denk and Klaus Schneider. This heroic group printed flyers denouncing Hitler and his evil cabal.  They all paid for their efforts with their lives and died in concentration camps. The evil they fought against was ultimately exposed and destroyed.
All of the above paid severe penalties for their heroism and courage but made their mark in the ultimate victory against tyranny an corruption  We in Illinois, have our own examples of courage in Ken Ditkowsky and JoAnne Denison and we are morally responsible to provide them with every support possible.  Please be with them in their time of need…tomorrow.  KC

On Wed, Oct 9, 2013 at 8:00 PM, kenneth ditkowsky <kenditkowsky@yahoo.com> wrote:

I made the choice on November 28, 1961 – I have a need to be able to look into the mirror and like the person who is reflected therein.    I have from time to time been offered ‘bribes’ to back off from a legal position and have refused in every case.    Intimidation has not worked either, and it certainly is not going to work now.
The material uncovered warrants an HONEST complete and comprehensive investigation.   The hearing panel finding that Mary’s two sisters had knowledge of whatever competency hearing was allegedly held – there was none – needs investigation.      As neither sister was called, how could a panel consisting of two lawyers reach such a conclusion?   Lawyers know about evidence.    What is even more serious is the fact that the hearing panel never stated that the knowledge was ‘prior’ knowledge!
When facts are being made up intelligent prevaricators
Ken Ditkowsky
On Wednesday, October 9, 2013 5:59 PM, JANET PHELAN <janetcphelan@yahoo.com> wrote:
But this goes to the very core of the problem. “Sell out and we will ensure your continued viability. Stick to your guns and you are sooooo…outta here.”
And it works so well, with most people. Who wants to spend the rest of their lives scrapping for a living, having to explain their lack of professional standing? Who wants to live in a cabin on a mountain in Mexico?
Most people are grounded in their economic and professional status. When people are otherwise grounded, in a moral or ethical belief system, they become dispensable.
Janet
From: JoAnne M Denison <jdenison@surfree.com>
To: Atty Ken Ditkowsky <ken@ditkowskylawoffice.com>; Janet Phelan <janetcphelan@yahoo.com>;
Sent: Wednesday, October 9, 2013 4:55 PM
Subject: Seriously. A choice?
So I’m talking to E*******, a former ARDC attorney and she said I probably  have to make a choice whether I like my law license better of if I want to blog about and expose corruption and clean up our court system.SERIOUSLY????

Is there a choice there?

That might be great for an opening argument.  Who in their right mind asks a question like that, and it was coming from a former ARDC attorney!!!

The real question, is how do I explain all of this then to my clients.  Well, I used to blog about corruption so we could clean up the courts so that you, my client could get a fair shake in this courtroom today, but then the ARDC asked me to make a choice between my law license or cleaning up the court system, and so that’s why when we get to court EXPECT THE JUDGE AND OPPOSING COUNSEL TO BE UTTERLY CORRUPT AND THE ARDC HAS MANDATED THIS WITH IMPUNITY.

She really just wanted to get off the phone after she realized where the entire conversation was going and how there was no real answer to any of this.  Her excuse was that she has never done a case blogging about corruption and I should find an attorney with experience in that!

another day in ARDC paradise.

joanne

KDD’S PUBLIC CHEAT SHEET ON ILLINOIS PROBATE LAW

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KEN DITKOWSKY’S CHEAT SHEET ON PROBATE LAW
     
    Public Policy
    ·        § 5. “Public policy. Pursuant to the fundamental philosophy of the American constitutional form of government, it is declared to be the public policy of the State of Illinois that the constitutional rights of citizens and organizations to be involved and participate freely in the process of government must be encouraged and safeguarded with great diligence. The information, reports, opinions, claims, arguments, and other expressions provided by citizens are vital to effective law enforcement, the operation of government, the making of public policy and decisions, and the continuation of representative democracy. The laws, courts, and other agencies of this State must provide the utmost protection for the free exercise of these rights of petition, speech, association, and government participation.
    “Civil actions for money damages have been filed against citizens and organizations of this State as a result of their valid exercise of their constitutional rights to petition, speak freely, associate freely, and otherwise participate in and communicate with government. There has been a disturbing increase in lawsuits termed “Strategic Lawsuits against Public Participation” in government or “SLAPPs” as they are popularly called.
    The threat of SLAPPs significantly chills and diminishes citizen participation in government, voluntary public service, and the exercise of these important constitutional rights. This abuse of the judicial process can and has been used as a means of intimidating, harassing, or punishing citizens and organizations for involving themselves in public affairs.
    “It is in the public interest and it is the purpose of this Act to strike a balance between the rights of persons to file lawsuits for injury and the constitutional rights of persons to petition, speak freely, associate freely, and otherwise participate in government; to protect and encourage public participation in government to the maximum extent permitted by law; to establish an efficient process for identification and adjudication of SLAPPs; and to provide for attorney’s fees and costs to prevailing movants”.  735 ILCS 110/5
     
    “A person making a report under this Act in the belief that it is in the alleged victim’s best interest shall be immune from criminal or civil liability or professional disciplinary action on account of making the report, notwithstanding any requirements concerning the confidentiality of information with respect to such eligible adult which might otherwise be applicable.”   320 ILCS 20/4[1]
    For public policy statement see:  County of DeWitt  v. Am Fed’N of   298 Ill App3d 634
    Statutory Criterion:
      Criterion:
     
    § 11a-3. Adjudication of disability; Power to appoint guardian.
    Upon the filing of a petition by a reputable person or by the alleged disabled person himself or on its own motion, the court may adjudge a person to be a disabled person, but only if it has been demonstrated by clear and convincing evidence that the person is a disabled person as defined in Section 11a-2. If the court adjudges a person to be a disabled person, the court may appoint (1) a guardian of his person, if it has been demonstrated by clear and convincing evidence that because of his disability he lacks sufficient understanding or capacity to make or communicate responsible decisions concerning the care of his person, or (2) a guardian of his estate, if it has been demonstrated by clear and convincing evidence that because of his disability he is unable to manage his estate or financial affairs, or (3) a guardian of his person and of his estate.
     
    ·        Guardianship shall be utilized only as is necessary to promote the well-being of the disabled person, to protect him from neglect, exploitation, or abuse, and to encourage development of his maximum self-reliance and independence. Guardianship shall be ordered only to the extent necessitated by the individual’s actual mental, physical and adaptive limitations.   755 ILCS 5/11a-3
     
    Venue
    ·         
    ·        § 11a-7. Venue. If the alleged ward is a resident of this State, the proceeding shall be instituted in the court of the county in which he resides. If the alleged ward is not a resident of this State, the proceeding shall be instituted in the court of a county in which his real or personal estate is located.   755 ILCS 5/11a-7
     
    Petition:
     
    § 11a -8. Petition. The petition for adjudication of disability and for the appointment of a guardian of the estate or the person or both of an alleged disabled person must state, if known or reasonably ascertainable: (a) the relationship and interest of the petitioner to the respondent; (b) the name, date of birth, and place of residence of the respondent; (c) the reasons for the guardianship; (d) the name and post office address of the respondent’s guardian, if any, or of the respondent’s agent or agents appointed under the Illinois Power of Attorney Act,1 if any; (e) the name and post office addresses of the nearest relatives of the respondent in the following order: (1) the spouse and adult children, parents and adult brothers and sisters, if any; if none, (2) nearest adult kindred known to the petitioner; (f) the name and address of the person with whom or the facility in which the respondent is residing; (g) the approximate value of the personal and real estate; (h) the amount of the anticipated annual gross income and other receipts; (i) the name, post office address and in case of an individual, the age, relationship to the respondent and occupation of the proposed guardian. In addition, if the petition seeks the appointment of a previously appointed standby guardian as guardian of the disabled person, the petition must also state: (j) the facts concerning the standby guardian’s previous appointment and (k) the date of death of the disabled person’s guardian or the facts concerning the consent of the disabled person’s guardian to the appointment of the standby guardian as guardian, or the willingness and ability of the disabled person’s guardian to make and carry out day-to-day care decisions concerning the disabled person. A petition for adjudication of disability and the appointment of a guardian of the estate or the person or both of an alleged disabled person may not be dismissed or withdrawn without leave of the court.
    755 ILCS 5/11a-8
     
    Obtaining Jurisdiction.
     
    ·        Procedure and Jurisdiction 11a – 10
    11a-10. Procedures preliminary to hearing.
    o   (a) Upon the filing of a petition pursuant to Section 11a-8, the court shall set a date and place for hearing to take place within 30 days. The court shall appoint a guardian ad litem to report to the court concerning the respondent’s best interests consistent with the provisions of this Section, except that the appointment of a guardian ad litem shall not be required when the court determines that such appointment is not necessary for the protection of the respondent or a reasonably informed decision on the petition. If the guardian ad litem is not a licensed attorney, he or she shall be qualified, by training or experience, to work with or advocate for the developmentally disabled, mentally ill, physically disabled, the elderly, or persons disabled because of mental deterioration, depending on the type of disability that is alleged in the petition. The court may allow the guardian ad litem reasonable compensation. The guardian ad litem may consult with a person who by training or experience is qualified to work with persons with a developmental disability, persons with mental illness, or physically disabled persons, or persons disabled because of mental deterioration, depending on the type of disability that is alleged. The guardian ad litem shall personally observe the respondent prior to the hearing and shall inform him orally and in writing of the contents of the petition and of his rights under Section 11a-11. The guardian ad litem shall also attempt to elicit the respondent’s position concerning the adjudication of disability, the proposed guardian, a proposed change in residential placement, changes in care that might result from the guardianship, and other areas of inquiry deemed appropriate by the court. Notwithstanding any provision in the Mental Health and Developmental Disabilities Confidentiality Act or any other law, a guardian ad litem shall have the right to inspect and copy any medical or mental health record of the respondent which the guardian ad litem deems necessary, provided that the information so disclosed shall not be utilized for any other purpose nor be redisclosed except in connection with the proceedings. At or before the hearing, the guardian ad litem shall file a written report detailing his or her observations of the respondent, the responses of the respondent to any of the inquires detailed in this Section, the opinion of the guardian ad litem or other professionals with whom the guardian ad litem consulted concerning the appropriateness of guardianship, and any other material issue discovered by the guardian ad litem. The guardian ad litem shall appear at the hearing and testify as to any issues presented in his or her report.
    o   (b) The court (1) may appoint counsel for the respondent, if the court finds that the interests of the respondent will be best served by the appointment, and (2) shall appoint counsel upon respondent’s request or if the respondent takes a position adverse to that of the guardian ad litem. The respondent shall be permitted to obtain the appointment of counsel either at the hearing or by any written or oral request communicated to the court prior to the hearing. The summons shall inform the respondent of this right to obtain appointed counsel. The court may allow counsel for the respondent reasonable compensation.
    o   (c) If the respondent is unable to pay the fee of the guardian ad litem or appointed counsel, or both, the court may enter an order for the petitioner to pay all such fees or such amounts as the respondent or the respondent’s estate may be unable to pay. However, in cases where the Office of State Guardian is the petitioner, consistent with Section 30 of the Guardianship and Advocacy Act,1 where the public guardian is the petitioner, consistent with Section 13-5 of the Probate Act of 1975, where an elder abuse provider agency is the petitioner, pursuant to Section 9 of the Elder Abuse and Neglect Act,2 where the Department of Human Services Office of Inspector General is the petitioner, consistent with Section 45 of the Abuse of Adults with Disabilities Intervention Act, or where the Department of Children and Family Services is the petitioner under subparagraph (d) of subsection (1) of Section 2-27 of the Juvenile Court Act of 1987, no guardian ad litem or legal fees shall be assessed against the Office of State Guardian, the public guardian, the elder abuse provider agency, the Department of Human Services Office of Inspector General, or the Department of Children and Family Services.
    o   (d) The hearing may be held at such convenient place as the court directs, including at a facility in which the respondent resides.
    o   (e) Unless he is the petitioner, the respondent shall be personally served with a copy of the petition and a summons not less than 14 days before the hearing.
     
    o   The summons shall be printed in large, bold type and shall include the following notice:
     
    o   NOTICE OF RIGHTS OF RESPONDENT
     
    o   You have been named as a respondent in a guardianship petition asking that you be declared a disabled person. If the court grants the petition, a guardian will be appointed for you. A copy of the guardianship petition is attached for your convenience.
    o   The date and time of the hearing are:
    o   The place where the hearing will occur is:
    o   The Judge’s name and phone number is:
    o   If a guardian is appointed for you, the guardian may be given the right to make all important personal decisions for you, such as where you may live, what medical treatment you may receive, what places you may visit, and who may visit you. A guardian may also be given the right to control and manage your money and other property, including your home, if you own one. You may lose the right to make these decisions for yourself.
    o   You have the following legal rights:
    o   (1) You have the right to be present at the court hearing.
    o   (2) You have the right to be represented by a lawyer, either one that you retain, or one appointed by the Judge.
    o   (3) You have the right to ask for a jury of six persons to hear your case.
    o   (4) You have the right to present evidence to the court and to confront and cross-examine witnesses.
    o   (5) You have the right to ask the Judge to appoint an independent expert to examine you and give an opinion about your need for a guardian.
    o   (6) You have the right to ask that the court hearing be closed to the public.
    o   (7) You have the right to tell the court whom you prefer to have for your guardian.
    o   You do not have to attend the court hearing if you do not want to be there. If you do not attend, the Judge may appoint a guardian if the Judge finds that a guardian would be of benefit to you. The hearing will not be postponed or canceled if you do not attend.
    o   IT IS VERY IMPORTANT THAT YOU ATTEND THE HEARING IF YOU DO NOT WANT A GUARDIAN OR IF YOU WANT SOMEONE OTHER THAN THE PERSON NAMED IN THE GUARDIANSHIP PETITION TO BE YOUR GUARDIAN. IF YOU DO NOT WANT A GUARDIAN OF IF YOU HAVE ANY OTHER PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR COME TO COURT AND TELL THE JUDGE.
    o   Service of summons and the petition may be made by a private person 18 years of age or over who is not a party to the action.
    o    
    o   (f) Notice of the time and place of the hearing shall be given by the petitioner by mail or in person to those persons, including the proposed guardian, whose names and addresses appear in the petition and who do not waive notice, not less than 14 days before the hearing.      755 ILCS 5/11a-10      see:  Sodoni  172 Ill App2d 1055
    ·          Steinfeld 158 Ill 2d 1
     
     
    ·        Hearing:
    (e) At the hearing the court shall inquire regarding: (1) the nature and extent of respondent’s general intellectual and physical functioning; (2) the extent of the impairment of his adaptive behavior if he is a person with a developmental disability, or the nature and severity of his mental illness if he is a person with mental illness; (3) the understanding and capacity of the respondent to make and communicate responsible decisions concerning his person; (4) the capacity of the respondent to manage his estate and his financial affairs; (5) the appropriateness of proposed and alternate living arrangements; (6) the impact of the disability upon the respondent’s functioning in the basic activities of daily living and the important decisions faced by the respondent or normally faced by adult members of the respondent’s community; and (7) any other area of inquiry deemed appropriate by the court.
    755 ILCS 5/11a-11
     
     
    Cases
     
    United States vs. Alvarez  132 S. Ct 2537        – lost valor –
    Ashcroft v. American Civil Liberties Union 535 US 564   –  virtual child porn
    Brown v. Entm’t Merchants Ass’n 131 S. Ct 2729    – violent video games
    Synder v. Phelps  131 S. Ct 1207  –   cemetery picketing
    Citizens United v. Fed Election 130 S. Ct 876   –   clear statement that First Amendment rights are a serious matter – and cannot be impaired directly or indirectly.
     
    The First Amendment requires heightened scrutiny whenever the government creates “a regulation of speech because of disagreement with the message it conveys.” Ward v. Rock Against Racism, 491 U.S. 781, 791, 109 S.Ct. 2746, 105 L.Ed.2d 661 (1989); see also Renton v. Playtime Theatres, Inc., 475 U.S. 41, 48, 106 S.Ct. 925, 89 L.Ed.2d 29 (1986) (explaining that “ ‘content-neutral’ speech regulations” are “those that are justified without reference to the content of the regulated speech” (internal quotation marks omitted)). A government bent on frustrating an impending demonstration might pass a law demanding two years’ notice before the issuance of parade permits. Even if the hypothetical measure on its face appeared neutral as to content and speaker, its purpose to suppress speech and its unjustified burdens on expression would render it unconstitutional. Ibid. Commercial speech is no exception. See Discovery Network, supra, at 429–430, 113 S.Ct. 1505 (commercial speech restriction lacking a “neutral justification” was not content neutral). A “consumer’s concern for the free flow of commercial speech often may be far keener than his concern for urgent political dialogue.” Bates v. State Bar of Ariz., 433 U.S. 350, 364, 97 S.Ct. 2691, 53 L.Ed.2d 810 (1977). That reality has great relevance in the fields of medicine and public health, where information can save lives.
    Sorrell v. IMS Health Inc., 131 S. Ct. 2653, 2664, 180 L. Ed. 2d 544 (2011)
     
    Definition of Clear and Convincing Standard.  
     
    Clear and convincing proof is a demanding standard “denot [ing] a degree of belief that lies between the belief that is required to find the truth or existence of the [fact in issue] in an ordinary civil action and the belief that is required to find guilt in a criminal prosecution…. [The burden] is sustained if evidence induces in the mind of the trier a reasonable belief that the facts asserted are highly **516 probably true, that the probability that they are true or exist is substantially greater than the probability that they are false or do not exist.” (Internal quotation marks omitted.) Id., at 290-91, 715 A.2d 712.
     
     
 
     
     
    [1]       § 35:30. Hearing to adjudicate a person disabled
    The respondent is entitled to be represented by counsel, to demand a jury of 6 persons, to present evidence, and to confront and cross-examine all witnesses.1 The hearing may be closed to the public on request of the respondent, the guardian ad litem, or appointed or other counsel for the respondent.2 Unless excused by the court upon a showing that the respondent refuses to be present or will suffer harm if required to attend, the respondent shall be present at the hearing.3
    The general rules of evidence are applicable to proceedings to adjudicate a person disabled.4 Nonexpert witnesses may ordinarily give their opinions as to the ability of the respondent to transact ordinary business.5 However, unsubstantiated testimony of a nonexpert witnesses is insufficient to establish disability where the alleged disabled person demonstrates adequate ability to provide for his or her needs, such as by executing a power of attorney for the control of his or her estate.6 The court will determine whether a non expert witness has sufficient knowledge to express an opinion as to mental capacity at a particular time or period.7 Upon oral or written motion by the respondent or the guardian ad litem or on the court’s own motion, the court shall appoint one or more independent experts to examine the respondent.8
    The testimony of the alleged disabled person is competent.9 In a proper case, the disabled person may be examined as an adverse witness.10
    At the hearing, the court must inquire regarding:
    • the nature and extent of respondent’s general intellectual and physical functioning;11
    • the extent of the impairment of his or her adaptive behavior if he or she is a person with a developmental disability, or the nature and severity of his or her mental illness if he or she is a person with mental illness;12
    • respondent’s understanding and capacity to make and communicate responsible decisions concerning his or her person;13
    • respondent’s capacity to manage his or her estate and his or her financial affairs;14
    • the appropriateness of proposed and alternate living arrangements;15
    • the impact of the disability on the respondent’s functioning in the basic activities of daily living and the important decisions faced by the respondent or normally faced by adult members of the respondent’s community;16 and
    • any other area of inquiry deemed appropriate by the court.17
    An authenticated transcript of the evidence, taken in a proceeding concerning the alleged disabled person under the Mental Health and Developmental Disabilities Code,18 is admissible into evidence at the hearing.19
    In an uncontested proceeding for the appointment of a guardian, the person who prepared the report accompanying the petition20 will only be required to testify at the trial upon court order for cause shown.21
    The establishment of physical disabilities on the part of the alleged disabled person is not sufficient evidence to support a determination of disability.22
    2 Horner Probate Prac. & Estates § 35:30
     
     
    Ken Ditkowsky
    http://www.ditkowskylawoffice.com/

Atty Ken Ditkowsky fights the ARDC’s mission to sanitize his files

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One ongoing theme in probate is the sanitizing of files.  At one point about 70% of the file was missing in the Sykes case.  SO asked me why didn’t I give an accurate page count of how much of the file was missing and I gotta tell you 1) an accurate page count is not the issue when not a single page of the file should ever be missing and that’s federal crime; and 2) how can you give an accurate count of something that’s not there?  You can make an educated guess, which is what we did.

I’m not going to count pages.

So an important part of covering up tracks is to remove something from the file.

See below and what happened to KDD:

https://docs.google.com/file/d/0B6FbJzwtHocwU2RkamdiZFc3X28/edit?usp=sharing

 

And here is the amazing court order to remove a document from an IARDC file which indicated that the ARDC attorneys have engaged in illegal, wrongful and highly prejudicial behavior:

 

https://docs.google.com/file/d/0B6FbJzwtHocwU2RkamdiZFc3X28/edit?usp=sharing

It’s brazen and amazing.

More proof that an FBI agent is sorely needed on the 15th floor of the ARDC to field complaints and clean up that agency.

Famous Atty Bailey suspended for 5 years for speaking out against corruption

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Every day it seems another good, honest attorney reporting on corruption is having their bar card swiped away by rigged and railroaded proceedings.

Take a look at attorney Bailey whose law license was grabbed in a one page order recently handed down by the PA Supreme Court:

http://www.pennlive.com/midstate/index.ssf/2013/10/controversial_attorney_don_bai.html

Given the fact that all the normal defenses are being ignored by the disciplinary boards:  first amendment, state constitutional amendments, internet immunity under 47 USC 230 and Elder Abuse laws which provide immunity to those reporting elder abuse, one would think it is time for the feds to step in and start cleaning up the state lawyer disciplinary boards which appear to be biased and corrupt in and of themselves.

We know the 18th floor of the Daley center needs an FBI agent in the hall with a desk for direct reporting on corruption.

Perhaps the 15th floor of One Prudential Plaza needs one too.

 

JoAnne

Illegal and wrongful actions taken against Ken and I by the IARDC.

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Everyone knows that a credit report, pursuant to federal laws must have the permission of the creditor in order to pull a credit report. Yes, even government officials.  Imagine Ken’s surprise when the IARDC filed a motion to pull and destroy a certain email where an IARDC investigator was asked to pull the credit reports on “two Illinois attorneys” without their knowledge.

Here is his response:

MOTION TO DISMISS PROCEEDINGS BASED UPON DEMONSTRATED BIAS & VIOLATION OF 735 ILCS 110 & TO RECONSIDER ORDER OF OCTOBER 2, 2013 AS UNETHICAL AND WRONGFUL SPOILATION OF EVIDENCE.
 
 Now comes Kenneth Ditkowsky and states as follows:
1.  The respondent brings this Motion to Dismiss even though he is aware that such motions are not favored.   He is compelled however to bring this motion as the order entered by this panel on October 2, 2013 is so offensive to the Administration of Justice that it taints these proceedings and the entity that promulgates it.
2.  A copy of the order entered on October 2, 2013 is attached hereto and made part hereof as if set forth in detail.
3)   The IARDC claims that the document to be destroyed was inadvertently placed in the official court record.    Such a claim is offensive on its face in that the document was part of another document that was admitted into evidence.    In order for a document to be admitted into evidence the said document has to be offered into evidence by one or more of the attorney who are appearing for a party to the litigation proceeding.    In this instant case Mr. Larkin, the administrator was represented when the document was placed into evidence by two attorneys on the staff of the Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois. www.lardc.org.
4)  That prior to an exhibit being admitted into evidence the offering attorneys must submit the document to the opposing attorneys.    In this case there was Mr. Hyman and the respondent.
5)  That a document to be admitted must be reviewed by the trier of fact.   In this situation there were three members of the hearing panel.     They have to decide if the document is to be admitted into evidence.    There were two attorneys and one lay person on the panel.
6)  That in the case of Disciplinary Commission there is also a host of clerks, supervising attorneys, the administrator etc. who must review a document before it is entered into evidence either in whole or part.
7)   The suggestion of the Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois. www.lardc.org. that any part of exhibit 3 was placed inadvertently into the Court record is patently absurd as facts which everyone knows to be facts must be ignored.     Not one of the six attorneys and numerous other people who had the opportunity and the duty to review the document that this panel has ordered to be destroyed voiced any opposition to the admission of the entire exhibit 3 into evidence, or noted anything that would make the document to be inadmissible, irrelevant or otherwise of such a nature that spolitation of evidence could be justified.    In fact, upon reflection it is the memory of the respondent that the document that the IARDC and this panel desired to be destroyed was a recent addition to the official record maintained by the Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois. www.lardc.org.[1]   In point of fact the said document is evidence of possible misconduct by the staff of the IARDC.
8)    That the destruction of official records in a pending case is unprecedented however, it is consistent with the general tenor of this case.      As indicated by the Farenga  (smoking gun letter – not produced as part of discovery by the Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois as part of discovery even though it refers to the respondent) the gravamen of these proceedings is the respondent’s exercise of his First Amendment Rights pursuant to the United States Constitution[2].    As there has never been a delegation to the Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois to regulate, impede or otherwise limit that First Amendment Rights of respondent or any other citizen, it is clear that Mr. Larkin and the Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois and its panel and commission simply  lack jurisdiction to impede or hinder the respondents Constitutional Rights..
9)  That 42 USCA 1983 protects citizens from invasions of their Constitutional Rights under color of statute.    735 ILCS 110 is the State of Illinois version of the law protecting Illinois citizens from the use of proceedings such as the instant proceedings from interference with First Amendment Rights.    735 ILCS 110/5 reiterates the policy of the State of Illinois.    It is respectfully suggested that 1) Ms. Farenga’s letter,2)  the failure of the Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois to call as witnesses the people with actual knowledge of whether or not any or all of the statements allegedly made by the respondent were true or not, i.e. Carolyn Troepe, Gloria Sykes, Yolanda Bakken et al and 3) the order of October 2, 2013 all strongly suggest that these proceedings are being conducted for the purpose of preventing the respondent from speaking out on the now documented violation and implementation of the Established policy of the State of Illinois.   The  County of DiWitt case, states:
“An established public policy exists in Illinois to protect the elderly from abuse or harm. The Nursing Home Care Act (210 ILCS 45/1–101 et seq. (West 1996)) and the Elder Abuse and Neglect Act (320 ILCS 20/1 et seq. (West 1996)) are clear examples of the legislature’s intent to protect the elderly from neglect, abuse, and degrading treatment in nursing homes and domestic situations. Alden Nursing Center—Morrow, Inc. v. Lumpkin, 259 Ill.App.3d 1027, 1033, 198 Ill.Dec. 7, 632 N.E.2d 66, 70 (1994). *638 Further evidence of the public policy of protecting senior citizens can be found in criminal statutes that increase the classification and punishment for those crimes committed against victims over the age of 60. See 720 ILCS 5/12–4.6 (West 1996) (the offense of battery is upgraded to an aggravated battery when defendant knowingly causes bodily harm to an individual of 60 years of age or older).”   Cnty. of De Witt v. Am. Fed’n of State, Cnty., Mun. Employees, Council 31, 298 Ill. App. 3d 634, 637-38, 699 N.E.2d 163, 166 (1998)
10)     Even more compelling is the fact that by statute, the respondent’s actions are protected, to wit:
(a-7) A person making a report under this Act in the belief that it is in the alleged victim’s best interest shall be immune from criminal or civil liability or professional disciplinary action on account of making the report, notwithstanding any requirements concerning the confidentiality of information with respect to such eligible adult which might otherwise be applicable.   320 ILCS 20/4   (emphasis mine)
11)    That it is very clear to respondent that he cannot obtain a fair and impartial hearing before this panel as the criterion of ‘clear and convincing evidence’ not only has been obviated, but,  clairvoyance has been substituted for testimony, and the Rule of Law as set forth in the recent Supreme Court of the United States has been vitiated.     (Respondent’s brief specifies the particular cases and the fact that the First Amendment is the ‘core value’ of America upon which our entire democracy rests.   The importance of every institution of government being zealous in protecting the Constitutional Rights of every citizen and every attorney being a messenger  will be repeated may be offensive to the current administration of the Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois but it is consistent with the oath that every attorney took when he was sworn in.
12)    That as a citizen of the United States of America, fully intending to full exercise his Rights pursuant to Article 1 of the Illinois Constitution of 1970, and the First, Fifth and Fourteenth Amendments to the United States Constitution the respondent demands that no document admitted in whole or part as evidence in these proceeds, no document referred to in whole or part in these proceedings, and/or no document garnered directly or indirectly in whole or part be altered or destroyed.   The respondent at this point in time intends to when and if he files a Civil Rights lawsuit to request as part of discovery all of the aforesaid documents and demands that they be preserved in their original form.
Wherefore the respondent prays s follows:
1)  That the order of October 2, 2013 be vacated and the Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois be ordered to preserve not only the document that they sought to destroy, but all other documents that have directly or indirectly been encountered in these proceedings.  (and in particular the documents referred to in paragraph 12)
2)  That this panel having demonstrated bias by their attornment to the spoliation of documents in this case recuse itself instanter.
3)  That these proceedings and any and all related be dismissed instanter.
 

[1] It is respectfully suggested that another document that was part of the documents that the Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois. www.lardc.org. sought to be admitted and were admitted into evidence does not appear to be in the official record.   That document is a Government Accounting Office report to Congress that was part of the Judge Connors deposition.
 
[2] It should be noted that the Respondent is at all times a private citizen who happens to have a law degree.   The attempt to limit his First Amendment Rights is disingereous and a violation of 42 USCA 1983.    First, the protected attorneys Adam Stern, Cynthia Farenga et al brought proceedings against the respondent to use Rule 137 to prevent him from exercising his First Amendment Rights of association and his Fifth and Fourteenth Amendment Rights to practice law and comply with Rule 137 and FRCP 11.    They were thwarted when the Appellate Court of Illinois pointed out that respondent was not before the Circuit Court that sanctioned him, and therefore the Court lacked jurisdiction.    The Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois and the hearing board improperly ignore this fact in their findings.   Nothing has changed and there is not a scintilla of evidence that the respondent is anything other than a citizen who happens to have a law degree who is complaining to law enforcement and others concerning the ‘railroading’ of senior citizens and the failure of the Court to comply with statutory mandates.
 
 
Ken Ditkowsky

www.ditkowskylawoffice.com

It’s nearly impossible to figure out what and who is involved in Ken’s and my cases.  They are too bizarre to imagine.  Fist in response to the myriad of Ken’s dispositive motions declaring his innocence, sending more and more, even boxes and boxes of information to the IARDC protesting his innocence, they pass a rule saying “no dispolsibive motions”, even though standard court proceedings are to file a Motion to Dismiss for Failure to State a Claim, and then a Judgement on the pleadings or Summary Judgment motion.  This is all standard in all courts of law, EXCEPT the IARDC.

I was told that I was “unlikely” to be able to use the affirmative defenses of First Amendment, Illinois Article X on free speech, 47 USC 230 which declares internet bloggers to have immunity for the statements they publish and then the commonlaw defamation defenses of: opinion, hyperbole, fair reporting, litigation reporting.  Illinois also provides for immunity from prosecution for reporting on elder abuse, but that also seems to be ignored.

Well meaning, well intentioned people passed laws like the Illinois Elder Abuse act to prevent people from being sued when they report abuse.  In this case, it was repeatedly reported to the authorities, and they ignored the please for assistance by the Sykes family, and then this blog was created to report it to the public.

 

The public has a right to know the truth.  Mary Sykes is being exploited and abused.  Her family is abused not only by CT, but by the authorities that stand by and do nothing, and the probate court that can’t simply tell the truth and dismiss the proceedings because there truly is no jurisdiction.

I have learned so much about how to be corrupt, how to fool the system, how to twist the truth while in court and watch the judge look the other way.  But what I want to really learn is how to stop all of this.  how to restore truth, integrity and justice into the Daley Center courtrooms.   That indeed is the challenge.

It’s actually very difficult to figure out what is going on in the case, because the procedure is so bizarre, the options are so limited, and it just appears to be the same railroad developed for Mary Sykes in probate.

 

What gives?  Something is clearly going on here, and I think if we just keep asking questions, the answers will come to us all, and they won’t be very pretty.

Good news on Janet Phelan’s article!

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Apparently it was cross posted at dozens of blogs and they organized a protest (somewhere) and it made local news.

Here are the top ten blogs which picked it up right away:

From: Janet Phelan
Sent: Oct 1, 2013 10:58 PM
To: JoAnne M Denison
Cc: Atty Ken Ditkowsky , “janet_c_phelan@yahoo.com”
Subject: First page of hits…..found it on a Russian site, too

I organized a couple of demonstrations in front of courthouses. We made the local network news. Might want to think about that….

Attorney on Trial for Exercising First Amendment Rights – | Intellihub …
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hace 9 horas – JoAnne Denison has made a very big mistake, it appears. Denison, who has been a licensed attorney in the State of Illinois for twenty-seven …
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hace 3 horas – Janet C. Phelan Activist Post JoAnne Denison has made a very big mistake, it appears. Denison, who has been a licensed attorney in the State …
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—–Original Message—–
From: Janet Phelan
Sent: Oct 1, 2013 5:33 PM
To: JoAnne M Denison , “kenditkowsky@yahoo.com”
Cc: “janet_c_phelan@yahoo.com”
Subject: Re: Posted!

The article will be up on Activistpost a bit later. That is where it will begin to make some waves. AP is a hub….from there it goes out…..everywhere….Lately, some of my articles have been appearing on Russian websites, Japanese websites….AP rocks!!

The promotions have worked fine and I or my staff will get some time today to thank all of the blogs that picked up the article.  That way, many will keep on posting and pick up for additional cross posts.  Follow up comments and thanks are very important.

Check out Janet Phelan’s new article on the Sykes case, the IARDC, Ken Ditkowsky and myself

Posted on by
2

Janet did a great job on this article with careful research and documents.  Thanks so much to Janet!

Also, I am in the process of hiring a lawyer for my trial at the IARDC, so if anyone wants to make a donation so that attorneys can speak out freely regarding corruption, Michael Piston, an out of state attorney (thank goodness for that so the IARDC doesn’t come after him for my defense), please either send it directly to myself or him.  I can send you his address and any payment information.

So, while I don’t do fundraisers, this might be a good time to help out.  I have already donated hundreds of thousands of dollars in attorney time to this blog and speaking out.  A mere pittance of that would be extremely grateful.

Pass it along and recommend others to this blog.

 

http://intellihub.com/2013/10/01/attorney-trial-exercising-first-amendment-rights/#comments

Why is a fair trial so important?

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Some important law from Ken Ditkowsky

 

A fair trial in a fair tribunal is a basic requirement of due process.” People v. Hawkins, 181 Ill.2d 41, 50, 228 Ill.Dec. 924, 690 N.E.2d 999 (1998) (citing Bracy, 520 U.S. 899, 117 S.Ct. 1793). “Fairness at trial requires not only the absence of actual bias but also the absence of the probability of bias.” **971 *1001 Hawkins, 181 Ill.2d at 50, 228 Ill.Dec. 924, 690 N.E.2d 999 (citing In re Murchison, 349 U.S. 133, 136, 75 S.Ct. 623, 99 L.Ed. 942 (1955)). “To this end, no person is permitted to judge cases in which he or she has an interest in the outcome.” Hawkins, 181 Ill.2d at 50, 228 Ill.Dec. 924, 690 N.E.2d 999. “ ‘Every procedure which would offer a possible temptation to the average man as a judge to forget the burden of proof required to convict the defendant, or which might lead him not to hold the balance nice, clear and true between the state and the accused denies the latter due process of law.’ ” Hawkins, 181 Ill.2d at 51, 228 Ill.Dec. 924, 690 N.E.2d 999 (quoting Tumey v. Ohio, 273 U.S. 510, 532, 47 S.Ct. 437, 71 L.Ed. 749

People v. Gacho, 2012 IL App (1st) 091675, 967 N.E.2d 994, 1000-01
In Sykes, there was no discovery afforded Gloria, no pretrial motions, and Judge Connors gave about 15 minutes to the family to talk for a bit. I recall during that conversation CT told the court that she would allow Gloria to see Mary freely, if appointed.
This is in stark contrast to the clearly upset Mary at the nursing home who was asked “when can I see my beloved Gloria again” to which CT shouted “NEVER” and marched her off to a private room, pushing her in the back all the way along.
Some how a portion of that tape survives.  But no one cares.  The state said claims of abuse by grabing Mary until she shouted out, and then marching her down the hall away from Gloria whom she desperately wanted to see was somehow not abusive.
But the state cares more about prosecuting myself and Ken for speaking out against all of the elders who have been grossly abused in probate court.  What we say apparently isn’t pretty, the politicans don’t want to clean it up and they want no one to see the mess, but as KDD testified during his hearing, an independent government survey showed guardianship and probate court abuses were widespread across the nation.
LB asked Ken if he was “sorry” for quoting the GAO study INSTEAD of taking her own responsibility for cleaning up the mess.
The GAO was stating the facts.  Ken was repeating the facts.  A blog and a newspaper and journals merely collect and report on the facts. What does sorry have to do with this.  Does the American public want the ARDC to put our news thru a “sorry” filter.
As they used to say in Russia, where there were two papers–one meaning Truth, and the other News, there is no Izvestiya in Pravda and there is no Pravda in Izvestiya.
I think Russia tried that and it failed.
Joanne

Corrupt case of the day

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Dear Readers;

I am putting this case out there but I have to redact it for two reasons:  1) the ARDC does not like lawyers talking about corruption and their position is there is none….that is despite the fact I receive tons of emails to the contrary; and 2) apparently the goons and thugs have told me “don’t name names”.  I don’t need any more broken windshields or sugar in my gas.

so read on below.

It has been submitted to askdoj@doj.gov and to the emails for the state’s attorneys.  I don’t know if I’m not supposed to publish those.  In Ken’s trial, LB asked Ken if he was sorry for repeated in an email that was directly out of a GAO report indicating that probate court and guardian abuse were an epidemic after the author investigated.  “Feel sorry?”  Attorneys only present the facts, they are what they are, and then you put them in argument.  Some facts some people like, other facts aren’t liked, depending on what side of the fence you’re on.  We are not judges.  We don’t write opinions based upon how someone “feels.”  And most judges write opinions based upon the law not feelings.

LB must have taken psychology and thinks it applies to the duties of lawyers and judges.

The law is, you have to have jurisdiction, and to do that, you have to have a properly served and noticed summons and complaint, or at least a summons.  The Illinois Probate Act requires much more because the person you’re trying to get jurisdiction over is allegedly incompetent, so assuredly the family–adult parents, siblings and children must be timely notified to so the proper guardian is selected and the court is fully advised of all pertinent family members–who is an abuser, who is not; who can be trusted, who can not be; who the ward likes to be around and who they can’t stand to be around, etc.

All of this is in the law and the caselaw.

So read on for another case of corruption.  I am hoping, for the sake of the poor client, we can get a second trial or re do on the summary judgment motion of liability from all of this.

JoAnne

Dear Ken and Gloria
X had a case fixed ($6 million claim) in X of 2011, after a two week trial.   X was told it was fixed beforehand but during the trial it was a blood bath, the judge X ruled against Plaintiffs objections over and over again, sustained 95% of theirs, and then made a ridiculous ruling–even going to far as to blame the Plaintiff’s brother for the misdeeds of the defendants!

It was fixed by suddenly transferring it from Judge Y who suddenly said “he had no time for a trial” to some case assignment room with a “random judge generator” (which no one ever sees in operation–they went “to the back room”  and suddenly popped up with a judge.

Names involved:  Y for handing off the case and he knew or should have known to a place where they “fix” cases, and that “case transfer room” on the 14th floor was ridiculous too.

All of the players involved in this scheme are below, and I’m turning it over to Eric Holder and State’s attorneys for investigation of all of these players

The X center is filled with dirt and scum at the bar and on the bench.

Disgusting.

joanne

case
200X-L-00XXXX

Activity Date: 6/23/20xx Participant: Z
TRANSFER TO JUDGE WITHIN DIVISION
Judge: X
Microfilm: LD000bbbb
Activity Date: 6/23/20xx Participant: X
CASE SET ON ASSIGNMENT CALL
Date: 7/11/20xx
Court Time: 1000
Judge: X
Microfilm: LD000bbbb
Activity Date: 6/23/20xx Participant: X
ORDER SCANNED
Activity Date: 7/8/20xx Participant: V
CASE CONTINUED ON TRIAL CALL
Date: 7/11/20xx

Again, raising the ugly issue of visitation and how to pretend to do one’s duty as a plenary guardian

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Dear Readers;

As you are all aware, it is common to take a targeted senior (meaning targeted by the OPG or a tied in probate attorney) and then isolate them, drain the estate and kill them off.  You now know the procedure over and over again.

A recent news story reports that three young women were held in a basement, restrained for 3 years and the miscreant got the death penalty for that.

Ken quipped if the women were elderly, held in a basement for 3 years against their will, property taken, bank accounts drained, they would call it “probate” and then have the miscreant lecture at approved “probate organization” meetings on how he carefully tended to 3 old women for years before they died and kept them from harming themselves with nosey relatives and the scary streets.  He would have received the guardian’s fee, and a probate court would have approved because several GAL’s and probate attorneys would have gotten the rest of the estate, together with “anti social” workers and case “mis” managers.  But I digress.

Illinois clearly needs to pass a “loss of consortium” law between parent and child and siblings and make the remedies enhanced where the victim is a senior that is being isolated.

CT has absolutely no court order that Gloria, Kathie or Yolanda needs a supervisor.  That has been done before and it didn’t work.  Gloria brings a minister, CT starts it up with abusive behavior and negative comments, that is reported and CT turns it around and blames Gloria and all the miscreant attorneys back it up that Gloria is the problem.  No reason to go there again.  Of course, the clergy denies it and the court ignores it.

One of our good friends and probate victims, RB pointed out, in probate, why is it “visitation” when what is really happening is social time between two consenting adults.  Mary is not a child to be granted “visitation” with momma and pops or nanna and pop pops.  She is a full grown adult, and competent to the extent she knows and loves and misses Gloria.  Video evidence was taken of that and the Naperville police incredulously destroyed it and I have yet to see Sgt. Krakow go report himself for misconduct or Commander Krammerer take any action or issue any apology or reconstruct the file, which has been already published here!  Isn’t that classic obstruction of justice and witness tampering.  Again, complaints are filed and no action taken.

Perhaps we need to start calling the visits with Mary “mother child bonding time”, with Yolanda “sister time”, with Kathie “aunt and niece bonding time”.

Gloria gets no bonding time with her mother and they love one another dearly. I saw that, as well as Scott Evans, the Garden Club of Norwood Park, dozens of citizens saw it on a daily basis and knew of it.  Why do the miscreants hide it when they get to court then?

Read on to what Ken Ditkowsky has to say today:

From: kenneth ditkowsky <kenditkowsky@yahoo.com>
To: GLORIA Jean SYKES <gloami@msn.com>; Tim Lahrman NASGA <timlahrman@aol.com>; Eric Holder <askdoj@usdoj.gov>; matt_abbott <matt_abbott@kirk.senate.gov>; Cook County States Attorney <statesattorney@cookcountyil.gov>; Mary_Woolery <Mary_Woolery@isp.state.il.us>; 60m <60m@cbsnews.com>; tips <tips@elderabuseexposed.com>; tips <tips@tribune.com>; SUNTIMES <letters@suntimes.com>; ACLU <ACLU@ACLU.ORG>; illinois.ardc <illinois.ardc@gmail.com>; illinois.ardc <illinois.ardc@gmail.com>; NASGA <NASGA.org@gmail.com>; probate sharks <verenusl@gmail.com>; JoAnne Denison <JoAnne@DenisonLaw.com>; Kathie Bakken <k_bakken@att.net>
Cc: Harry Heckert <vahrh1135@aol.com>; j ditkowsky <jdit@aol.com>; denise <denise@momsv.org>
Sent: Wed, Sep 25, 2013 6:46 pm
Subject: Re: Email from Toerpe to aunt yo

Gloria/Tim/Kathy/Aunt Yo/General Holder/Senator Kirk
Gloria thank you for sending me the e-mail that you received from the plenary guardian for Mary Sykes (Toepe)  It is a waste of time to send a copy to the Mr. Stern or Ms. Farenga as they will complain to the Illinois ARDC that the complaint concerning the continued isolation (Abuse of an elderly person) is unethical and attorneys cannot complain concerning Elder Cleansing acts.   I therefore have reported myself to the IARDC and have sent them a copy of this e-mail which also copies Mr. Holder and various news organizations.  My responsibility as a human being is more important than covering up for persons engaged in elder cleansing!
What is tragic is that Mary Sykes is being held hostage in by her plenary guardian and being kept isolated from her family and in particularly her younger sister Yolanda.   This report of continued elder abuse apparently does not trouble either the two guardian ad litem; however, as this is the 3rd phase of elder cleansing and reasonably calculated to destroy Mary’s will to live and cause her death I am concerned.   I am also concerned that the appointment of Toerpe as guardian was done without compliance with 755 ILCS 5/11a – 10 – which is jurisdictional and the criterion of 11a – 3 was totally ignored.   (The circumstances of the appointment are obscene but that is another issue).
What is important is the fact that this e-mail reveals that 755 ILCs 5/11a – 17 and 18 are also being ignored by the plenary guardian.   The plenary guardian was appointed not to deprive Mary Sykes of her dignity, liberty and property, but only for the purposes stated in 755 ILCS 5/11a – 3(b).   If changes are to be considered the guardian must make application pursuant to 755 ILCS 5/11a – 17 and 18.    This fact seems to have been lost!  However, as it appears that the ‘system’ is designed to provide profit for the anointed “judicial officials”  (word used by Mr. Larkin to refer to our friends the miscreants, to wit: the two guardian ad litem, Ms. T, and her attorney – and those who aid and abet them) it is apparent that the statute is just a ‘technicality’ to be ignored.
This e-mail sent by Ms. T discloses her total disregard for her responsibilities as guardian.   The fact that Mr. Stern and Ms. Farenga have been active in the isolation of Mary Sykes and the fostering of these violations of 755 ILCS 5/11a – 3, 17 & 18 is reprehensible and labels them assessories before and during the fact.    The isolation clearly is intended to destroy Mary Sykes’ will to live and thus prematurely end her life!
I’ve copied law enforcement and as a human being I am on bended knee begging for this travesty to end and that the protections of 755 ILCS 5/11a et seq be afforded to innocent Mary Sykes and the other senior citizens who are being abused and exploited by the cottage industry of ‘elder cleansing.’   I understand that my allowing Mary Sykes to visit freely with her sisters and her younger daughter the program of elder cleansing might be delayed and Mary might live a few days more; however – do we still live in the United STates of America?
(we all get old and we become vulnerable – thus we are all subject to ‘elder cleansing.’   If we do not join together and act to free Mary Sykes and all those seniors similarly situated let me assure you that you have in your future CT, AS, and/or CF.  I do not want this for your or me and therefore I selfishly pray that law enforcement will step in a restore the Rule of Law and end this terrorism!)
Ken Ditkowsky
From: GLORIA Jean SYKES <gloami@msn.com>
To: kenditkowsky@yahoo.com; Tim Lahrman NASGA <timlahrman@aol.com>
Sent: Wednesday, September 25, 2013 3:20 PM
Subject: Email from Toerpe to aunt yo

Sent from my iPhone

Begin forwarded message:
From: ybakken@pick911.com
Date: September 25, 2013 2:31:40 PM CDT
To: undisclosed-recipients:;
Subject: Fwd:  Visit

—–Original Message—–
From: Carolyn Toerpe [mailto:carolyn.toerpe@gmail.com?]
Sent: Friday, August 30, 2013 03:05 PM
To: ybakken@pick911.com
Cc: ‘Peter Schmiedel’, ‘Cynthia Farenga’, ‘Adam Stern’
Subject: Re: Visit

By the legal granting of Guardianship to me, by the State of Illinois.

And by all your past behaviors, in which you and yours, abut Gloria Sykes and her following of those who refuse to accept reality.
Carolyn
On Fri, Aug 30, 2013 at 11:34 AM, <ybakken@pick911.com> wrote:

Under what authority is this a requirement?

—–Original Message—–
From: carolyn.toerpe@gmail.com [mailto:carolyn.toerpe@gmail.com]
Sent: Tuesday, August 27, 2013 09:03 PM
To: ybakken@pick911.com
Cc: ‘Peter Schmiedel’, ‘Cynthia Farenga’, ‘Adam Stern’
Subject: Visit

As there was no communication as to a suggestion for a professional supervisor, there will be no visit tomorrow. Carolyn Sent from my iPad

Posted with permission of Ken Ditkowsky.  Other emails posted on “newsworthy basis”

 

From Ken Ditkowsky–he re-reads Atty Larkins brief and finds no case support

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for regulating non commercial speech, the ability of Illinois attorneys to speak out against corruption, and to further the goals of truth and justice in our society.

From: kenneth ditkowsky
Sent: Sep 23, 2013 5:29 PM
To: JoAnne Denison
Cc: “lawrence@Lhyman.com” , Don Johnson
Subject: Fw: WestlawNext – Reichle v. Howards

The ball keep rolling along.   I do not know if I sent you this case before.   It is a clear statement as to the qualified immunity situation.   It also is another confirmation that Mr. Larkin’s actions are clearly ultra-vires and he is aware of the same.
I read Larkin’s brief again. (before the Review Commission) If ever there was an example of disrespect for the Rule of Law the brief meets that criterion.  Each of the ‘older’ Supreme Court cases that Larkin cites makes it very clear that Attorneys do have First Amendment Rights and there is no room for larkin or anyone else to impead content related speech.
The Sawyer case as an example held for the attorney.   It found that there was no impairment by local rule or otherwise to stop her from speaking out.   Not one of the Supreme Court cases cited by Larkin comes close to suggesting that an Administrator has to power or the jurisdiction to stop an attorney from speaking out on any content related or political subject.   There is some indication that an attorney’s advertising has to be reasonable, but, as judges are elected officials they are subject to critical comment as such is required by a free electorate.
This stuff is so basic that it ‘hurts’ that such ignorance of the basic principles of American society are not readily understood and protected.   Something is wrong when lawyers are paid by the State of Illinois and do not exhibit the knowledge that pre-teens are required to exhibit to get into ‘high school’     If Lawyers are ignorant as to the the basic protections afforded all citizens how are they competent to advise the public!   Indeed, why is the IARDC not bringing proceedings against these lawyers who represent themselves to be attorneys and have no idea as to what the First Amendment specifies!
I do not know how the public protects itself from this terrible situation, but it certainly has to do so – I can understand a lawyer having no familiarity with section 5 of the Federal Trade Commission Act, but, a lawyer no knowing that other lawyers have the right to communicate with the Attorney General of the United STates and law enforcement is too much!!
I realize that Mr. Larkin, the IARDC, and the miscreants expect that you and I will shake in our boots because of the disciplinary proceedings that have been wrongfully brought against us; however, if they read the cases that recently were handed down by the United States Supreme Court ****.
What is interesting is the fact that Larkin is so reluctant to join in calling for an HONEST complete and comprehensive investigation of the Sykes case and its related miscreants.   I guess trying to explain the non-action on the citizen complaint letters is too much of a challenge.   Certainly our friends letters that have been furnished during discovery are hard to explain.   Judy has a thing about that letter from CF rationalizing that there could be no gold coins as if they existed Gloria would have been expected by her (CF) to have stolen them!!   Indeed, that suggests to me that such is exactly what happened when CT got into the safety deposit box.    How else could CT have afforded (with her husband unemployed and having been just days before pecuniarily embarrassed) the house remodeling and the lavish wedding for her daughter.
Ken Ditkowsky

http://www.ditkowskylawoffice.com/

Dear Ken;

It is indeed a sad day when lawyers cannot speak out against corruption and point out cases where jurisdiction is lacking–Sykes, Bedin, Wyman, Marcelle, etc.  And when jurisdiction is pointed out to the ARDC, they do not consider it a “serious matter” enough to launch an honest, complete and thorough investigation into these cases to protect the human and civil rights of the disabled persons involved.  It is indeed very disappointing.

Attys Larkin, SO and MS are silent on this at best, moving to strike valuable evidence from the file at worst.

How did these attorneys get to work for the ARDC and why aren’t they helping out probate victims rather than going after honest and ethical attorneys?  Have they no shame?  Is there nothing too low and evil they can aspire to?

I thought that the ARDC was a bastion of ethics, morals and lofty ideas for the attorneys in the State of Illinois.  It should be a break away from the lack of civilization we see, even in Chicago, with dozens shot and murdered on the South and West sides and the City just says “hire more cops” when the reality is, we do nothing to teach peace and love.  And the true peace and love comes from our own innate ability to see truth, peace, justice and equities done in the world.

Let’s keep on going and keep on reminding people that the most important thing for Chicagoans to do right now is to band together for the loftier goals of peace, love, justice, truth, equity and all the wonderful things we have been given to distribute in the world.

The world doesn’t have to be a scary place for seniors, their homes and property.

You and I can change that, Ken.

JoAnne

How much freedom is there afforded in our new tech savvy world? Facebook is now included!

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From the Wall Street Journal today:

 

http://online.wsj.com/article/SB10001424127887324807704579083391772699608.html#articleTabs%3Darticle

 

an article on how when a person said they “liked” another candidate they were fired by their boss!

The employee alleged that he had a first amendment right to “like” something on Facebook, even if his boss did not.  In this case, the employee was a deputy and his boss was the sheriff.  The employee said he like the opposing candidate and the boss fired him.

Since we all know someone who got fired for expressing political ideas at our work, this is an even more interesting case for you employers out there.

 

I find it fascinating.

JoAnne