Wednesday, December 21, 2011

"An Open Letter To The Illinois Appellate Court"

The Illinois Administrator has filed a complaint alleging misconduct by an attorney in a series of claims made against judges.

A sampling.

One instance, in connection with the appeal of a dismissed case involving claims of legal malpractice:

Respondent began his..reply brief in appeal number 1-10-0581 with the statement,

"This is about how Judge Thomas R. Chiola fixed a case for the defendants Antonio Romanucci and Stephen J. Blandin and their law firm at the Daley Center on February 17, 2009. The case fixing started in Judge Chiola’s chambers under the guise of a ‘settlement conference’ he convened on his own motion."

 Respondent also stated in his reply brief that Judge Chiola’s conduct "is simply one example of the corruption by some judges at the Daley Center circuit court" and accused Judge Chiola of participating in a fraudulent scheme against Balakar.

Respondent stated in another part of his reply brief that, after the February 17, 2009, partial summary judgment ruling, "Judge Chiola went ‘AWOL’ into hiding once he realized that plaintiff’s attorney was confronting him for his role in the fraud."

On November 22, 2010, the Appellate Court entered an order in appeal number 1-10-0581 striking Respondent’s October 26, 2010 reply brief, because it exceeded the 20-page limit set forth in Illinois Supreme Court Rule 341(b)(1).

On December 3, 2010, Respondent filed a 19-page "Revised Reply Brief" in appeal number 1-10-0581, which again included the statements described in paragraphs...above, and which additionally contained Respondent’s statement that "[t]here was corruption and case fixing in the chambers of Judge Chiola on February 17, 2009."

At the time he filed the briefs described above, Respondent had no reasonable basis for the statements that Judge Chiola was corrupt or had "fixed" Balakar’s case.

Respondent’s statements in his briefs described above were made with reckless disregard as to their truth or falsity.

In another, an internet post:

...Respondent posted a 23-page document entitled "An Open letter to the Illinois Appellate Court" on a website he maintained at the internet address, ""

Respondent's web site was open to the public and was not password-protected. Respondent knew or should have known that the contents of his web site were continuously available to anyone with access to the internet.

In Respondent’s internet posting, described...above, he described Dei’s case and appeal number 09 L 1749 and made the following statements:

"Knowing that the case was pending before Judge Lynn M. Egan, American Family Insurance Company hired Judge Lynn M. Egan’s brother Matthew J. Egan’s law firm "Pretzel & Stouffer, Chartered, to prosecute the petition to vacate default judgment before Judge Lynn M. Egan. During the months of legal wrangling before Judge Lynn Egan, plaintiff and his lawyer (both African Immigrants) were intentionally kept in the dark about this link and collusion between Judge Lynn M. Egan and the defense." (p. 2)


"The flawed reasoning and decision of Judge Lynn Egan in favor of American Family Insurance Company’s interest was immediately appealed to the Illinois Appellate Court in expectation that the Appellate Court will see through the nonsense and correct the situation. Instead of the Illinois Appellate Court doing the right thing, the Appellate Court simply rubber stamped and affirmed the flawed ruling of Judge Egan in favor of American Family Insurance’s interest. Even when the Appellate Court was made aware of the relationship between Judge Lynn M. Egan and the defense law firm, the Appellate Court did nothing. The matter was simply swept under the rug." (p. 2)


"Judge Egan abused not only the fact finding process in this case, she also ignored the law she was sworn to uphold concerning service of process in Illinois, and furthermore she engaged in ethical violations.


"Reform should be instituted that prevents justices from writing opinions whenever they are reasonably aware that corruption has infiltrated the fact finding process of the legal proceedings presented to them. Such reform will prevent the two flawed opinions written by Appellate Court Justices Quinn, Neville and Steel in this case. The two appellate court opinions one of which will now be published in the Illinois Case Reporter law books unless recalled amount to a display of intellectual dishonesty. It is wrong for law student to be reading opinions in the future and not be aware that its not real, and that the corruption behind the opinion has been white washed" (p. 10)


"The corruption uncovered here happens to be one of a few that can be proved. The tip of the ice berg so to speak." (p. 11)


"A system that allows Judge Lynn M. Egan an Irish American to disposess Steve Dei an African American in courtroom 1904 at the Daley Center in this age just as Dred Scott was dispossessed in 1857 is fundamentally flawed and is provocative. The system gives a person from Ireland because of race the power and authority to dispossess a person from Ghana, Africa in a courtroom in the United States." (p. 13)


Instead of correcting and/or reporting Judge Egan’s misdeeds, the appellate court in fact came to her aid by affirming her flawed ruling. The system of appellate review utterly failed to correct this misdeed." (p. 10)

There are a few other alleged instances. (Mike Frisch)

Bar Discipline & Process | Permalink

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