On November 26, 2008 the Illinois Supreme Court in a Motion for Leave to File Complaint for Mandamus with attached Complaint for Mandamus denied Leave to file without explanation.
This means that the Illinois Supreme Court has publicly condoned Judge Maddux's violation of statutes that require a judge to grant a Petition for indigent status and waive filing fees for a tort (lawsuit) when a Plaintiff is indigent.
See details of the illegal conduct and ruling by Judge Maddux in denying a Petition for Indigent Status. http://illinoiscorruption.blogspot.com/2008/10/crook-county-presiding-law-judge-maddux.html
I will now take this to the U.S. Supreme Court for a supervisory order. They will probably deny review, thus condoning violation of statute and due process rights as well as violation of the First Amendment right to redress of grievances.
Thus another example of [in]justice and the Myth of American Justice!
Showing posts with label In Forma Pauperis. Show all posts
Showing posts with label In Forma Pauperis. Show all posts
Sunday, November 30, 2008
Saturday, October 4, 2008
Will County Judge Denies Indigent Status to Disabled Transgender Woman
Will County Circuit Court Judge Stephen White believes in omnipotent power for judges and defied his oath of office on July 6, 2007 in denying a petition to litigate as an indigent person by Daunn Turner. Ms. Turner is a severely disabled individual, now unable to work, who receives supplemental social security after a terrible illness. She was assigned the sex of male at birth and has a female gender identity. Ms. Turner has been successful in her careers as a bank vice-president, a member of the Illinois State Police, a caseworker for the Illinois Department of Public Aid, and a customer service manager for the Wall Street Journal. She was attempting to pursue a career as a stage and television actress when she became seriously ill. Ms. Turner has been undergoing medical treatment to facilitate her gender reassignment.
As a pre-requisite to the final surgery pertaining to gender reassignment, she is following medical advice and changing all aspects of her life to living as a woman. She wanted to obtain a name change from her legal name of Donald to Daunn. This required filing the appropriate documents in court in Will County. She went to the Court with the appropriate pleadings to change her name and a petition to litigate this cause as an indigent person with fees waived.
Judge White denied the petition stating that he refused to force the County to pay "for something like this." He said this was "not that important" and that there was "no urgency."
The Clerk refused to file the name change papers and assign a case number. This is a violation of 735 ILCS 5/5-105. This statute also requires that judges grant indigent status to anyone who is on social security, food stamps, or Medicaid. The judge and clerk have clearly violated statutes.
Ms. Turner has sued the judge and clerk in a complaint for mandamus asking the Illinois Supreme Court to order the judge to grant the indigency petition and the clerk to file the papers as of July 6, 2007. These are NOT discretionary administrative duties of the judge and clerk, but are mandatory. Please read 735 ILCS 5/5-105 (http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ChapAct=735%26nbsp%3BILCS%26nbsp%3B5%2F&DocName=073500050HArt%2E+V&ActName=Code+of+Civil+Procedure%2E&ChapterName=CIVIL+PROCEDURE&ActID=2017&ChapterID=56&SeqStart=30300&SeqEnd=33100&Print=True) which states that anyone on supplemental social security and food stamps automatically qualifies for indigent status.
This is yet another example of the lack of oversight of judges in Illinois, who after given a little power, completely defy their oaths of office to follow the law and the constitution and rule based on emotions, bias, personal prejudices, and faith. This is not an option for them. Judges who do so should be removed from the bench. Denial of access to the courts on cases with legitimate controversies is a violation of our First Amendments right to redress of grievances with the courts and Fifth Amendment rights to due process.
I ask my readers to show their support to Ms. Turner by writing her attorney Christopher Clark at the Lambda Legal Defense and Education Fund, Inc. 11 East Adams, Suite 1008, Chicago, IL 60603, as well as write to newspapers and ask that this case be covered by the press.
10-25-08 Lambda legal defense informs me that the IL S. Ct in January ordered the Clerk to file the Petition for name change without paying the fee and ordered the judge to either grant petition for indigent status or put in writing details why Ms. Turner should be denied indigent status. I am told she was eventually able to obtain a name change.
As a pre-requisite to the final surgery pertaining to gender reassignment, she is following medical advice and changing all aspects of her life to living as a woman. She wanted to obtain a name change from her legal name of Donald to Daunn. This required filing the appropriate documents in court in Will County. She went to the Court with the appropriate pleadings to change her name and a petition to litigate this cause as an indigent person with fees waived.
Judge White denied the petition stating that he refused to force the County to pay "for something like this." He said this was "not that important" and that there was "no urgency."
The Clerk refused to file the name change papers and assign a case number. This is a violation of 735 ILCS 5/5-105. This statute also requires that judges grant indigent status to anyone who is on social security, food stamps, or Medicaid. The judge and clerk have clearly violated statutes.
Ms. Turner has sued the judge and clerk in a complaint for mandamus asking the Illinois Supreme Court to order the judge to grant the indigency petition and the clerk to file the papers as of July 6, 2007. These are NOT discretionary administrative duties of the judge and clerk, but are mandatory. Please read 735 ILCS 5/5-105 (http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ChapAct=735%26nbsp%3BILCS%26nbsp%3B5%2F&DocName=073500050HArt%2E+V&ActName=Code+of+Civil+Procedure%2E&ChapterName=CIVIL+PROCEDURE&ActID=2017&ChapterID=56&SeqStart=30300&SeqEnd=33100&Print=True) which states that anyone on supplemental social security and food stamps automatically qualifies for indigent status.
This is yet another example of the lack of oversight of judges in Illinois, who after given a little power, completely defy their oaths of office to follow the law and the constitution and rule based on emotions, bias, personal prejudices, and faith. This is not an option for them. Judges who do so should be removed from the bench. Denial of access to the courts on cases with legitimate controversies is a violation of our First Amendments right to redress of grievances with the courts and Fifth Amendment rights to due process.
I ask my readers to show their support to Ms. Turner by writing her attorney Christopher Clark at the Lambda Legal Defense and Education Fund, Inc. 11 East Adams, Suite 1008, Chicago, IL 60603, as well as write to newspapers and ask that this case be covered by the press.
10-25-08 Lambda legal defense informs me that the IL S. Ct in January ordered the Clerk to file the Petition for name change without paying the fee and ordered the judge to either grant petition for indigent status or put in writing details why Ms. Turner should be denied indigent status. I am told she was eventually able to obtain a name change.
Friday, October 3, 2008
C[r]ook County Presiding Law Judge Maddux Denies Access to Courts
Pro se litigants in Chicago who are indigent and file petitions for indigent status to waive filing and copying fees are routinely denied this status illegally by Presiding Law Division Judge Maddux because Judge Maddux wants to inhibit access to courts to whistle blowers, civil rights activists, those filing multiple legitimate suits pro se, and those who have spoken out against corruption in the courts, police, and among elected officials. The courts in C[r]ook County are extremely corrupt.
He never reads the pleadings. His law clerk simply writes "denied due to inability to sue in good faith".
Dorothy Brown, the court clerk refuses to accept complaints unless the judge approves an indigent petition or the plaintiff pays the filing fee.
The law REQUIRES that indigent status be granted if you can prove your assets are less than 125% of the poverty level and your complaint if not frivolous.
735 ILCS 5/5-105 [ILCS = Illinois Compiled Statutes]
"The clerk of the court shall not refuse to accept any complaint, appearance, or other paper presented by the applicant if accompanied by an application to sue or defend in forma pauperis, and those papers shall be considered filed on the date the application is presented."
He never reads the pleadings. His law clerk simply writes "denied due to inability to sue in good faith".
Dorothy Brown, the court clerk refuses to accept complaints unless the judge approves an indigent petition or the plaintiff pays the filing fee.
The law REQUIRES that indigent status be granted if you can prove your assets are less than 125% of the poverty level and your complaint if not frivolous.
735 ILCS 5/5-105 [ILCS = Illinois Compiled Statutes]
"The clerk of the court shall not refuse to accept any complaint, appearance, or other paper presented by the applicant if accompanied by an application to sue or defend in forma pauperis, and those papers shall be considered filed on the date the application is presented."
There is no requirement that the complaint must be approved by the Judge as legitimate. Courts however do have the power to issue sanctions for frivolous repeated suits.
The actions of Judge Maddux and Dorothy Brown in denying access to the courts are clearly illegal.
I invite others to inform me of their similar difficulties and join in a mandamus complaint against Judge Maddux and Clerk Brown to force them to comply with the statutes and IL Supreme Court Rule 298.
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