Thursday, February 21, 2013

Chief Judge Timothy Evans - Cook County Probate Court

Back in 2011, wonderful things started happening down at the courthouse after I mailed my report on Devon Bank and what I consider to be legalized abuse and financial exploitation.  The probate court judiciary is amazing, I can't emphasize that enough.  (The Honorable Lynne Kawamoto is my personal favorite for restoring my faith in justice.  I also helped a woman win custody last March and Judge Kawamoto was the judge who ruled on the case.  She ruled fairly.)  The entire 18th floor changed more than a year ago and "it's my personal opinion" that the people suing me for defamation truly believe the judges were reading my blog.  They weren't.  Judges don't read blogs, they don't care what anyone writes online (until recently, it's causing quite a stir now that I'm being sued for it) and you never hear any politician creating new legislation or making any major changes because they "googled it."  If you want your world to change, blogging isn't going to cut it.  You've got to get up.

About a year ago, I heard that Judge Evans didn't like the financial exploitation occurring in probate court and was going to tackle the problem.  I haven't heard anything else about this other than he kept his word.  He did, indeed, tackle the problem.  The elder law attorney's are upset because they have to actually do some work in order to get paid now.  (What a pity.)  Needless to say, they are NOT thrilled with Judge Evans (which has me loving the man).  I'm also Chicago born and bred and very competitive.  I'm in a race with other states in getting this crime to stop and as far as I'm concerned, I'm winning but I give all credit to Devon Bank and Janna Dutton.  (You can also read my post on How to Win Guardianship.)

This is Chief Judge Evans Order:

General Order No. 26 - Petition for Fees and Costs for Court Appointed Attorney's

IT IS HEREBY ORDERED THAT:

1.  In cases pending any Department or Division of this court on or after the effective date of this order, all attorney fee petitions for court appointed attorneys including petitions to pay costs of expert witnesses, court reporters and other service providers, must be filed by the earlier of 60 (SIXTY) days after entry of the final order disposing of the case or 6 (SIX) months after the attorney performed the service or incurred the cost.

2.  In cases pending in this court on or before the effective date of this order, all fee petitions for services rendered and costs incurred more than 6 (SIX) months before the effective date of this order shall be filed and set for hearing November 30,2012.

This order supersedes all provisions governing the procedures for payments of the fees and costs of court appointed attorneys in previous orders of this Court, including orders of any Department or Division of this Court.

Dated 6th day of July, 2012.  This order shall be spread upon the records of this Court and published.

Wednesday, February 6, 2013

Defamation Hearing in Probate Court


Everyone is asking me about my defamation case and I don’t have time to respond to you all individually.  I’m not sure what happened?  I am going to stay on top of it this time but here’s the gist:

My attorney responded with a motion to dismiss and wants a trial date for the Citizen’s Participation Act.  Janna Dutton hired a law firm to represent her or them.  The law firm responded with their own personal spin (on my life story) and we waited for the trial date to be set.

Throughout the summer and fall my case was in Chancery Court waiting for Judge Preston to assign it a date - it was up for case management three times before he sent it back to Probate Court.  Around Christmas, Dutton’s attorney petitioned the court again (and I forgot why but I’ll read my file to fill in these blanks) but no one seems to understand why Judge Preston would send it to Cesario?  It’s a big mystery.

Yesterday, we all went to court.  I went because I have a copy of a letter that Janna Dutton faxed my attorney stating that Judge Cesario will order my websites to come down, that she’ll protect her ward against me.  (I will find the letter and put the exact language that Dutton used later.)  So, I went because I would like to meet her.

Needless to say, Judge Cesario is absolutely lovely.  She explained that Ludwig’s file went missing a few weeks ago and was holding up a hot pink paper that ordered the case to be moved to Chancery Court.  She was pointing to Judge Coghlan’s signature.  She wanted to know where Janna Dutton was?  That’s when her attorney spoke up (who is a very nice young man) and told her that he was retained.  My attorney told Judge Cesario that he filed a motion to dismiss, that he didn't attend the case management hearings because he was waiting for a trial date to be assigned and some other things.  Then Judge Cesario asked Dutton’s attorney what he said to Judge Preston?  She wanted to know why it was on her desk?  He told her that he asked Preston for a trial date which is why (I suppose) she got it back?  She apologized to us for the mix up, explained to Dutton’s attorney that he needs to fill out another hot pink form moving the case to Chancery then explained to me and my attorney that it’s going to be a lengthy process because it has to go through the hands of many head judges for reassignment.

So, I’m thinking I should have a new court date in about three-four weeks.  I gather from yesterdays hearing that Dutton’s attorney asked Judge Preston three times to go to trial and after the third time, he sent it to Probate?  Like I said, it's a big mystery.

Changed my game plan on this one so......