December 11, 2009

Illinois Circuit Court of Cook County: Grandparent Visitation Rights Denied by Judge James G. Riley

December 11, 2009

Honorable Judge Timothy C. Evans
Chief Judge, Circuit Court of Cook County

2600 Richard J. Daley Center
Chicago, Illinois 60602

CERTIFIED MAIL

Re: Case No. 00 P 1267, Docket 282, Page 259

Chief Judge Evans:

I had an outrageous experience in Probate ”judge” James G. Riley’s court room on December 10, 2009. I saw him demean and disrespect the Honorable Judge Braden, who has retired and is now practicing law. The Honorable Judge Braden was a Probate judge in a court room just down the hall from “judge” James G. Riley. In addition to his shameful, despicable, and contemptible treatment of now “Attorney” Braden, he was rude, obnoxious, and unprofessional to me.

I was in “judge” James G. Riley’s courtroom on December 10, 2009 to get him to “articulate” my grandparent visitation rights to my daughter, and the person to whom my daughter has allowed to be the “caregiver” over my grandson at this time. I filed a motion on November 16, 2009 for this “articulation”, and another motion for sanctions on December 9, 2009 because this new “caregiver” refused to honor my visitation order signed by the Honorable Judge Braden on June 27, 2000. In addition to this “court ordered” visitation, I provided a copy of an Illinois Appellate Court, First Judicial District, opinion where it affirmed this “visitation” order (Appellate No. 1-00-2186). This Appellate Court “order” was filed on August 2, 2002.

I also attached to the motion of November 16, 2009 a copy of “judge” James G. Riley’s September 29, 2005 order, which states in part “…That the guardianship of Julia Johnson over Romeo Ashford is discharged, instanter & the Estate be closed; That Romeo Ashford is returned to his mother’s custody, instanter; That all pending orders are moot….” At the time this order was written, I objected to the language in the order written by one of the guardian ad litem’s and affirmed by “judge” James G. Riley.

James G. Riley told me that my June 27, 2000 visitation “order” was moot, and no longer exists because it was given to me in Probate Court. I informed “judge” James G. Riley that grandparent visitation rights is not a gift, but a right by law, and that the Illinois Appellate Court affirmed this right. James G. Riley told me he did not know what “books” I am reading. James G. Riley wrote an order on December 10, 2009 stating “…The guardianship is terminated. This Estate is closed the child was returned to the natural mother. All orders of visitation are held for naught. The Probate Court no longer has jurisdiction….” This is outrageous, and alarming.

I informed “judge” James G. Riley that he was legislating from the bench. If “judge” James G. Riley determined the Probate Court did not have jurisdiction, he should have transferred this case to preserve the Appellate Court decision. The case file was not in the courtroom. James G. Riley had his clerk go to room 1806, where the case originated in 2000 with Judge Braden, to see if the “file” had been sent there. One of the clerk’s from room 1806 personally came to “judge” James G. Riley’s courtroom and had a “closed” door conversation about me, telling “judge” James G. Riley that the file was in the Appellate Court. I heard most of this conversation even though the door was closed. I informed “judge” James G. Riley that I attached a courtesy copy of the Appellate Court decision to my motion on November 16, 2009, which states the order was filed on August 2, 2002, and that he had the case file on September 29, 2005.

Sir, this is detestable behavior coming from a “judge” in your system, under your watch. I wrote “judge” James G. Riley’s full name in this writing because he told me to make sure I spelled his name correctly when I told him I would write about this experience. I had to remind “judge” James G. Riley several times to address me as Dr. Nance, not only because I had a Ph.D., but because it was the professional way to address someone as I address him being a Judge. James G. Riley continued as he did throughout my experience on December 10, 2009 in his courtroom stating “mister” Nance several more times.

James G. Riley appears to be a disrespectful bigot and racist. I have written you many times in the past about his character and behavior in the courtroom. Apparently, nothing has been done. I have written the Judicial Inquiry Board, and nothing has been done about this character and behavior. Your system truly “protects” its own.

Sir, what will you do about this situation? What will you do about the disrespect to a “fellow” member of your judicial system? It’s on the transcript of the day. What will you do about my grandparent visitation rights, which were affirmed by the Appellate Court of Illinois, First Judicial District?

I noted Troxel v. Granville, 530 U.S. 57 (2000) in my pleadings long ago establishing “grandparent” visitation as a right, not a gift of the court. Your “judge”, James G. Riley “arbitrarily” took that away from me on September 29, 2005, and again on December 10, 2009. Is this how your “judicial” system operates?

I know you are an “Honorable” man and Judge. You have served your community well. I work and communicate with a lot of “influential” people in the Chicago and Illinois area, such as the Honorable Congressman Danny K. Davis, the Honorable Jesse White, the Honorable Dorothy Brown, and other members of the Illinois House of Representatives and Senate, along with members of the United States Congress. I correspond with the Honorable President Barack Obama on matters of social policy. This is what I do. I address the needs of the socially underserved, disadvantaged, and disenfranchised.

Sir, wisdom comes from life experiences. The wisdom of our grandparents is the backbone to our “future” experiences as a people. Even President Thomas Jefferson understood this principle stating “experience hath shown that even under the best forms of government those entrusted with power have, in time, and by slow operation, perverted it into tyranny.” Sir, let no man think they can deny civil liberty to others, and retain it for ourselves. It is just as well that justice is blind. If justice could see, it would not like some of things done in its name.

What will you do? Why should I re-litigate this issue? Why should another cost be attached to something that was paid for, and decided by the Illinois Appellate Court? How does the “lower” court overrule the “higher” court? I think we have a system of injustice here. What do you think? What is your response? Will you attempt to make sense out of this nonsense?

Respectfully submitted,

Fred Nance Jr., Ph.D.
Human Services/Social Policy Analysis

cc:

http://clickforjusticeandequality.blogspot.com/
Henry A. Budzinski, Presiding Judge Probate Division
Fax copies sent to both individuals, as well as Certified Mail to both individuals