A reminder to Miscreant Attorneys–your pleadings DO have limits

According to the recent decision of the First District Court of Appeals

Attorneys are NOT supposed to be filing utterly groundless proceedings that have no basis in merit or fact. Now that the Record on Appeal has been published on this blog and it clearly shows no jurisdiction to each of the attorneys at the trial court level–Cynthia Farenga, Adam Stern, Peter Schmeidel, Deborah Jo Sohleig AND the attys at the ARDC–Jerome Larkin, Sharon Opryszek and Jessica Haspel NOW HAVE THE DUTY TO DO THE RIGHT THING.  The attorneys involved must ask for a dismissal. The ARDC must investigate fully, completely and honestly these attorneys. The ARDC must dismiss complaints against myself and Ken merely for calling for an investigation. We might not be mandatory reporters, but if the ARDC keeps up its antics, even the Illinois State Legislature won’t put up with this sorry state of affairs against the mentally infirm and disabled.

See below:

King v. Harris, 2013 IL App (1st) 120316-U (01-23-13)

Appeal from the Circuit Court of Cook County
No. 11 OP 72205 Honorable Patrice Ball-Reed, Judge Presiding

Petitioner-appellee Reava King filed a petition for a stalking no contact order against
respondent-appellant Jason Harris. Shortly after taking petitioner’s deposition in connection with the petition, respondent moved for summary judgment, which was granted.Respondent then moved for sanctions against petitioner’s counsel pursuant to Illinois Supreme Court Rule 137, 1-12-0316 arguing that opposing counsel pursued this petition despite knowing it had no factual basis. The circuit court denied the motion for sanctions, and respondent now appeals.
Petitioner and respondent first became acquainted when petitioner’s house suffered a fire
in January 2009. Respondent, who operates as a public adjuster and general contractor as well as an attorney, offered to adjust petitioner’s insurance claim and oversee the rehabilitation of her house. Petitioner agreed, but the parties’ relationship deteriorated after work had gone on for one year. On or about November 2010, petitioner brought suit against respondent in the Law Division of the Circuit Court of Cook County, alleging that despite her payments to respondent, the work had not been completed. In response, respondent filed a mechanics lien suit against petitioner in the Chancery Division of the Circuit Court of Cook County.
¶ 4 While both causes of action were being litigated, in April 2011, petitioner filed a pro
se petition for a stalking no contact order against respondent. Her petition alleged a single
incident of stalking in December 2010 when, according to petitioner, respondent drove to her residence and asked to speak with her. Petitioner’s pro se emergency motion for no contact based upon this petition was denied on May 2, 2011, and the matter was continued for status and discovery. In his motion, respondent argued that Pollack improperly pursued the petition for a no contact order despite knowing it was both untrue and legally insufficient. The circuit court denied the motion on January 5, 2012, ruling that 31-12-0316 Pollack had an obligation to continue litigating the petition so long as his client wished to move forward. Respondent timely filed this appeal.
In the case sub judice, the circuit court, in denying respondent’s motion for sanctions, erroneously held that Pollack was obligated to continue pursuing the petition where petitioner directed him to do so. Specifically, the court stated:
“I do not believe that Mr. Pollack instigated this. *** This petition was
filed by Ms. King. Counsel came in subsequently; and if Ms. King wished to go
forward, as his client that was his obligation to go forward, Counsel. If she chose
not to step away, then he had the obligation to go forward in this matter.
*** I do not believe that Mr. Pollack has in any form or fashion attempted to
cause vexatious acts or false proceedings. He proceeded on behalf of Ms. King
because she chose to go forward. *** I’m not going to grant your motion for 137.”
(Emphases added.) This is not the law. Rather, it has long been held that an attorney has a “professional duty to promptly dismiss a baseless lawsuit, even over the objections of his client, when the attorney learns that the client has no case.” Cmarko v. Fisher, 208 Ill. App. 3d 440, 446 (1990) (emphasis added); see also Walsh v. Capital Engineering and Manufacturing Co., 312 Ill. App. 3d 910, 916 (2000) (holding that an attorney may not avoid Rule 137 sanctions by pleading that he was merely following his client’s directions). The court’s comments make clear that it did not apply
this rule of law and instead premised its decision to deny sanctions on the mistaken belief that an attorney is bound by the whims of his client when determining whether to pursue litigation. “Based upon what [King] testified to in the deposition, she could have – clearly could not have proceeded with the case or proven that Mr. Harris had stalked or harassed her in any form or fashion, so, I granted the motion for summary judgment and that should have ended it right there because the case was resolved.”
Respondent maintains this is evidence of the court’s belief that continuing to proceed with the case after the deposition would have been sanctionable were it not for the fact that Pollack was following his client’s directions. We do not agree that this conclusion necessarily follows from the court’s statement.
¶ 15 Accordingly, we remand to the circuit court with directions to consider whether, at any time after Pollack agreed to represent petitioner, a reasonable investigation would have revealed that the petition was factually or legally baseless. If so, sanctions against Pollack for continuing to pursue the litigation are appropriate. Importantly, this is an objective inquiry; an attorney’s subjective honest belief that the case has merit is insufficient. See Fremarek v. John Hancock Mutual Life Insurance Co., 272 Ill. App. 3d 1067, 1074-75 (1995).

ONCE AGAIN, KEN AND I ARE REMINDING THE MISCREANT ATTYS IN THE PROBATE CASE TO DO THE RIGHT THING AND DISMISS THIS LAWSUIT.  I have just published the ROA and now you know the First District Appellate Court of Illinois will soon know you had no jurisdiction.

WE ARE ALSO CALLING UPON THE ARDC TO INVESTIGATE ITSELF.  How does this case get to such high levels and THE MISCREANTS ARE GIVEN THE “GET OUT OF JAIL CARD” on the Monopoly board of Probate while honest attys like KDD and myself who report wrongful activities repeatedly to the US AND STATE’S ATTORNEYS are being prosecuted instead.  Myself for publishing this blog.  Ken for attempting to find out where Mary Sykes’ gold coins went and why a million dollars of assets were not inventoried, a concerned note to her beloved Dr. Patel and emails which were published on this blog warning LAW ENFORCEMENT to investigate.

How does this happen in the US that numerous probate cases are running without jurisdiction for years, seniors tossed in nursing homes against their will, their homes liened and assets drained and YET THERE IS NO INVESTIGATION.

What happened in King vs. Harris that the appellate court warned about sanctions for attys filing groundless cases and pleadings.  This was apparently a one time shot against Defendant Harris, BUT THESE PROBATE CASES drag on for years and years, terrorizing families and ripping them apart.

I have a lot of good questions for the Illinois Probate Court and the ARDC, but as of yet, no good answers.

joanne

PS — and I have one more tidbit of information for you all.  About a year ago when I first received Cynthia Farenga’s complaint, I asked Atty Leah Black at the ARDC about emailing her questions.  After all, discipline of attys is NOT supposed to be adversarial, but informational and guiding so we always do the right and ethical thing. She told me that I have to send my questions by fax or snail mail until the complaint is filed, and she would respond by snail mail when she had time because pre-complaint inquiries are not a priority. So now the complaint against me is filed.  We are in active litigation.  I have emailed Sharon Opryszek and Jessica Haspel numerous times about my questions and I get no emails back. Oh, sometimes I get those “I’m out of the office and will respond in X days.” But nothing. I wonder why?  Oh, that’s another question that I bet will go unanswered. Ciao.

And the House of Cards Continues to Crumble and Blow away While the ARDC fiddles….

Dear Readers;

We all know that there comes a day when the stuff hits the fan.  With civil servants and attorneys coming “from the list”, the only question is, who will be the scape goat? Who will take the fall?

At some point the ARDC ladies will have to be faced with the fact KDD and I are telling the truth, the Sykes case is a corruption and aberration of justice beyond anyone’s belief, and their complaints against us are about the most bogus of all pleadings we have both see come out of the typewriters (KDD is that old, I’m not), and CPU’s of lawyers we have ever seen in our combined 75 years of practice.

So, see below, the evidence is now insurmountable and irrefutable.  By the TRIAL COURT’S OWN RECORDS, by the RECORDS OF THE COURT OF APPEALS–SYKES HAS NO JURISDICTION.

NEW!  Links to the Sykes Case Record on Appeal–the entire record which shows

1)  There was no proper Summons and Petition and Notice of Hearing on the Petition served upon Mary G Sykes 14 days prior to the hearing.  I challenge anyone to find this and the Afft of service from the process server, whether it was the sheriff or a special process server; and

2)  No Notice of Hearing to the younger daughter daughter GJS nor the elderly sisters Yolanda and Josephine!

The links:

File 1, Vol 4 a p 751 to 814

https://docs.google.com/file/d/1jvLWwBbUZKmnW4m048F-XAfw_cZ7SJUCAikqyuUyp8abUG0EcxIiNQcXK60B/edit?usp=sharing

File 2, Vol 1 b p 122 to 250

https://docs.google.com/file/d/1U4TJOaU26Dc7cT2z3nPzDjt9ib4mJYh59SAZc_xIZNcMUY_yTr82PzsFpduz/edit?usp=sharing

File 3 Vol 1a-2 p 57 to 121

https://docs.google.com/file/d/1DFWESuOe5s626PTVBSbFbcoTrNcZoeevpk7ByH8GjG4AZDEiX1OTw52bN6vo/edit?usp=sharing

File 4 Vol 1a-1 p1 to 56 MOST IMPORTANT – NO SERVICE ON MARY OR ADULT DAUGHTER OR SIBLINGS!

https://docs.google.com/file/d/1JP63zzNH93OBW-And1VGpyFL03Nh8x7UeL3FQZa6-PVeQQUADuQ3x6KOqMjM/edit?usp=sharing

File 5 Vol 4a-2 p815 to 885

https://docs.google.com/file/d/14xtaXNXByM9NpMu1i1Mc1PskiTMIU1HKRjqi6bpdc0U0n-kuLsQ0x7uIPe1w/edit?usp=sharing

File 6 Vol 4b p886 to 1000

https://docs.google.com/file/d/1-Tb8AqZapJmsic0yd4VkmPCBbedBeRDJtWnl_FkgcT3hkR-fW7LR1UT3l6Po/edit?usp=sharing

File 7 Vol 3b p 625 to 750

https://docs.google.com/file/d/1MnC0CCM5daEerj1k-NoakYwL4P1P5Gw_dGGdaJYBw_HEX8uXSBjtDAhzYrkx/edit?usp=sharing

File 8 Vol 2b p 376 to 500

https://docs.google.com/file/d/16QJHlKZjawgKxpxzgmp9rqsUjQnqfXs29UzEc1dbET5j8oD52y6kwLl6lSeK/edit?usp=sharing

https://docs.google.com/file/d/1-Tb8AqZapJmsic0yd4VkmPCBbedBeRDJtWnl_FkgcT3hkR-fW7LR1UT3l6Po/edit?usp=sharing

 

From John Wyman – His Letter to the ARDC venting his frustrations for lack of an investigation

To the ARDC

You don’t know me but you will, my name is John H Wyman. My mother was put into a nursing home in Rockford IL against her will, without due process of law, right to an attorney ,etc…and only through her own SELF DETERMINATION is she alive today!
The journey I’ve been on is well documented in a book I’ve written, ”Against Her Will”. Because of a Governor appointed public guardian Sharon Rudy, Guardian Ad Litem’s Ruth Robinson and Kim Timmerwilke/McKenzie and Judge Lisa Fabiano, my mother was sexually assaulted and severely beaten, two days before her wrongful adjudication of incompetence without due process of law–no service upon her, no 14 day prior notice of the time, date and place of hearing to all her adult children and siblings.
Furthermore, like these high powered lawyers, I too was very renowned in my profession, but because of their self serving greed, my life was turned upside down! Having taken four years out of my life to take care of my mom, struggling to make a living and pretty much destroying my social life–I have yet to hear from any law enforcement agency that they are doing their civic and professional duty to investigate my mother’s case and bring justice to our family.
I suffered no fewer than eighteen long distance trips from Colorado to Rockford, IL to be ignored, snubbed and denigrated in a kangaroo court where my rights and the rights of my mother were ignored.  I could not find a lawyer to help me, I had to do this Pro Se all on my own, only to have above said miscreants call me a liar, accuse me of contempt and kidnapping, with them taking my mother’s social security, her home, and most of her assets all under the color of law!!! and only to satisfy their alleged “legal fees” and exorbitant billing practices and churning the bill to the estate.
Since I’ve written my book, it has been circulated and well received among IL attorneys, one of which is JoAnne Denison whom through your ARDC board are trying to persecute and wrongfully curtail her freedom of speech rights for publishing public records and giving her opinion on cases like mine–which is only the tip of the iceberg in the Probate Courts of Illinois.  It is my sincere belief that your panel has no right to change the constitution of US
or that of IL.
Lawyers like JoAnne have the courage to go up against this system which is broken; seventy to eighty million Americans are all facing the chance to lose their right to life, liberty and the pursuit of happiness, because of a broken and corrupt system and the miscreants that run them to line their pockets with gold, not caring for the well being of the seniors or how they leave this world!!
As for me I’ve become an advocate for this cause, as for my freedom of speech, I don’t give a FLYING F**K whose heads have to roll, my eyes have been open and I’ve been forever changed and will use every legal means: media, Hollywood etc. to get my message out!! And if you don’t understand exactly what I’m saying may I suggest you go to your proctologist so he can help you find your heads. Now you know me!! Read my book!!

                     Sincerely, John Howard Wyman
 From JoAnne:
You know, I have never heard from the ladies at the ARDC that they even read John Howard Wyman’s book, despite the fact is it rated with 32 reviews a solid near 5 star rating. Sad, so utterly sad.  John’s appeal brief and motions are all published on this site or you can email me for copies.

More for the ARDC to censor–an old joke!

Old joke UPDATED for censorhsip:

In an effort to determine which among the CIA, the FBI and the Chicago Police Dept was the very best agency for law enforcement, a plan was devised to release a rabbit into the forest and see who could capture the rabbit first.

The FBI went into the forest.  They placed animal informants throughout. They questioned all plant and mineral witnesses.  After three months of extensive investigation they concluded that rabbits do not exist.

The CIA went into the forest.  After two weeks without a capture, they burned the forest killing everything in it, including the rabbit.  They made no apologies.
The rabbit deserved it.

The Chicago Police went into the forest.  They came out two hours later with a badly beaten bear.  The bear was yelling “Okay, I’m a rabbit, I’m a rabbit.

However, feeling left out of “who is the best” in eliminating crime and corruption in the forest, the ARDC begs to be included.

Court appointed probate bunnies CF and AS put on bunny suits and tell the rabbit they will help him, turns out the rabbit in the story stole a million carrots.  Solution?  They tell the probate court the carrots don’t exist, and the ARDC wants to know which honest forest attorney told the CIA, FBI or CPD anything so they can file a complaint against that bunny!

PS–The ARDC adds to the complaint the fact the forest attorney used the initial FBI, CIA, CPD, CF and AS because that looks suspect to them!  And they add it into the complaint….And please, no one EVER give the ARDC a match or gasoline, because that will be next.  ARDC bunnies with incendiary devices.  Who would’ve thought that?

KDD renews his Motion to Dismiss before the ARDC based upon the Horace Hunter case

Horace Hunter made it clear that attorneys have the right to post case synopses–even criminal ones that perhaps a defendant is not too proud of an arrest–because all cases in reality belong to the public and constitute public information.

The ARDC has taken the position that the Horace Hunter case is not binding legal precedent.  It has not stated what standard it wants for attorneys to blog about cases, other than the fact the royal “it” seems to want to make that decision themselves and just let us attorneys know afterwards.

What words are prohibited by attorneys?  What phrases are prohibited?  From the survey results on this blog, it would seem that everyone (98%) agree that ARDC must promulgate firm and clear guidelines on what it will censor and what it thinks is okay, yet they have not done that.

They have no blog.  They are not transparent, as this blog is.

While they were created in 1978 due to a public outcry regarding corruption in the Illinois Court System, one wonders if any real cure was effectuated, or if this turned into more of the same ole, same ole.

See Ken’s Motion to Renew his Motion to Dismiss his ARDC Complaint based upon the Horace Hunger case, complete with his response to the Objections that the ARDC then filed.

Ken Ditkowsky’s Renewed Motion to Dismiss the ARDC complaint and ARDC Objections thereto

The ARDC claims the Horace Hunter case is not helpful or analogous, yet they cite some other disciplinary decisions which appear to be at the trial court level because they provide no citation from SCOI. 

Interesting.  Attorneys are not support to cite trial court decisions or tribunals as precedent.  An attorney in a brief is only supposed to cite appellate or supreme court authority.  Sometimes you have to, as in where there are not citable cases at higher levels because in indigency cases the litigants do not have money to appeal. 

But the ARDC citing trial court precedent?  Unbelievable.

KDD renews his Motion to Dismiss before the ARDC based upon the Horace Hunter case

Horace Hunter made it clear that attorneys have the right to post case synopses–even criminal ones that perhaps a defendant is not too proud of an arrest–because all cases in reality belong to the public and constitute public information.

The ARDC has taken the position that the Horace Hunter case is not binding legal precedent.  It has not stated what standard it wants for attorneys to blog about cases, other than the fact the royal “it” seems to want to make that decision themselves and just let us attorneys know afterwards.

What words are prohibited by attorneys?  What phrases are prohibited?  From the survey results on this blog, it would seem that everyone (98%) agree that ARDC must promulgate firm and clear guidelines on what it will censor and what it thinks is okay, yet they have not done that.

They have no blog.  They are not transparent, as this blog is.

While they were created in 1978 due to a public outcry regarding corruption in the Illinois Court System, one wonders if any real cure was effectuated, or if this turned into more of the same ole, same ole.

See Ken’s Motion to Renew his Motion to Dismiss his ARDC Complaint based upon the Horace Hunger case, complete with his response to the Objections that the ARDC then filed.

Ken Ditkowsky’s Renewed Motion to Dismiss the ARDC complaint and ARDC Objections thereto

The ARDC claims the Horace Hunter case is not helpful or analogous, yet they cite some other disciplinary decisions which appear to be at the trial court level because they provide no citation from SCOI. 

Interesting.  Attorneys are not support to cite trial court decisions or tribunals as precedent.  An attorney in a brief is only supposed to cite appellate or supreme court authority.  Sometimes you have to, as in where there are not citable cases at higher levels because in indigency cases the litigants do not have money to appeal. 

But the ARDC citing trial court precedent?  Unbelievable.

What does the ARDC want me and Ken to be sorry for?

Dear Readers;

One of the things that the ARDC always says when you get a complaint, is to be sorry for what you did wrong and and be contrite.  Okay, I get that.  I have learned (and this is a good lesson for all) pray to not make mistakes but when you do apologize and rectify any problems or troubles right away and put those as top priority.  Never put them off, they only get worse.

So, in this case, it’s really hard.  I really don’t want to cause any trouble for the nice atty ladies at the ARDC–Jessica Haspel and Sharon Opryszek and Jerome Larkin, but the reality is, their agency was set up to prevent another Greylord back in 1978–they were supposed to root out and eliminate corruption in the court system.

Now, it turns out they “don’t do” judges, like a cleaning lady “doesn’t do” windows, they “don’t do” stuff that happens in court–the judge should rectify those problems and while there is a “Himmel” obligation imposed by the US Supreme Court on attorneys to report corruption and other attorneys engaging it, is their official policy “don’t blog about it” or “don’t warn others” about miscreants either.  My survey says 98% of you believe that blogging about corruption is not only important, but I have the right to warn the public.

And while I have a blog to be open, transparent and figure out what the heck is going on, the ARDC doesn’t.  It publishes generic and conclusionary “rules” taken from a hodge podge of commonlaw.

For example, they accused me of “making false statements or statements with reckless disregard for the truth.”  Now in 1978 the ARDC/SCOI did not suddenly invent that standard, it turns out to be the standard for defamation law taken from a US Supreme Court case.  It further turns out that the “malice” or “reckless disregard” is a very high level, so high, that defamation suits are rarely filed or won by attorneys because they run smack dab into the First Amendment–which is to be given the broadest interpretation possible without totally killing off a suit for defamation.

My blog is transparent.  I publish the horror stories and then back them up with the transcripts, the documents, the declarations, the statements of the parties at the same time I publish what needs to be said.

KDD is right to tell the authorities what is going on.  I only do the blog.  I have written to the Dept. of Justice on behalf of my clients with their information and I have advised them to contact the Dept. of Justice, the US attorney’s offices, the Illinois State’s Attys and even the local police.  I always thought that was the right thing to do.  And as a taxpayer I would expect that these agencies would take the complaints and police reports seriously and conduct a full, honest and complete investigation, but it appears even in cases where millions are uninventoried, there is no account analysis, no one at the police, FBI, etc. seems to care. I guess the Dunkin Donuts coffee and donuts are too good.

Can we blame Dunkin Donuts?

In any case, read on for my email today to the atty ladies at the ARDC:

Dear Sharon and Jessica;

I note in some of your correspondence that you were going to order the transcript from the disqualification of KDD to represent me.

Did you get that transcript and can you please send me copy?

Also, do you have a copy of the transcript from from KDD’s 2 day hearing in early Sept 2012.  I’d love to have that one too, but I can’t afford it.

Also, I know the ARDC like to hear it when attorneys are repetant for what they have done, and I’ll tell you this. I am sorry I have to fight with you over all this.  I think it’s a waste of taxpayer and lawyer fee monies.  But I do believe that lawyers have a first amendment right to blog, and blog in particular about corruption in the court system.

Many attorneys have looked the other way at this and said that “a bit of corruption here and there is okay and you should just live with it.”  But I know Mary, Gloria, Fred and Caroly and the entire family, and I tell you, Mary is in a miserable place, the case was horrific, Gloria is now homeless and penniless and her father and mother NEVER intended that.  I knew Mary Sykes quite well and she was always a kind and funny and interesting person.

So I blog.  I’m sorry about that, but someone has to tell the truth.  and this is not just a case of he said/she said–it is a case clearly lacking in jurisdiction with substantial assets uninventoried.  I know the family, I know the relatives and family friends.

I don’t understand how in the US all of this can happen.  It‘s utterly shameful.

So I hate to cause trouble for you ladies, but I see no way out.  Attys have a Himmel duty to report, and I think they also have a duty to contact the authorities when there is elder abuse.  While we don’t have mandatory reporting (what would the ARDC do THEN?), I think the best course of action is to report it.  And if no action is taken, report it again and again until justice is done.

Sorry about that.  I hate to be your messenger of bad news.  I truly am sorry for that.  But you would not BELIEVE all the horror stories I get on a daily basis.

I think the ARDC also needs an ethics blog if you are in fact trying to censor blogs.  What is it exactly that you don’t want attorneys to say?  Can you actually phrase any amount of censorship for attorney blogs — esp. those regarding corruption — that would not engender a public outcry from those who have suffered injustices in Illinois court rooms.  I‘m just asking?

Should I be sorry to even have to be the one to ask these questions?  I don’t think so.

take care and see if you can get me those transcripts.

thanks

joanne

cc:  http://www.marygsykes.com