On January 10, 2006 I received a letter, Supreme Court Rule 323(b), from Ms. Sandra M. Provenzano in the mail. This letter has as Judge Kathleen McGury. The transcripts requested are for Judge James Riley. It is clearly marked on each transcript. It is clearly stated on my Court Reporters Transcript Order requested on December 5, 2005. I will submit this letter to the Civil Appeals Division at the Daley Center, here in Chicago, on January 11, 2006. If there is a discrepancy needing change, Ms. Provenzano should make it. I will call her office on January 11, 2006 informing her of her error. I will request she rectify it and make the necessary changes submitting it to the Civil Appeals Division, 8th Floor, Daley Center, Chicago, Illinois. It is clearly not my error. I will not make another trip to Chicago to correct Ms. Provenzano's error.
January 10, 2006
Court Reporters Office
Ms. Marilyn Filishio, Administrator
69 West Washington, Suite 900
Chicago, Illinois 60602
Re: Transcripts for Estate of Romeo Ashford; Case No. 00 P 1267
Ms. Filishio:
On January 4, 2006 I finally received the transcripts from your office ordered on December 5, 2005. I wrote an extensive letter to you dated December 20, 2005 on this issue. On January 9, 2006 at approximately 10:35 am I went to the Civil Appeals Division at the Daley Center in Chicago to file these transcripts with Ms. Jan Basile in Appellate Court case # 05-3854.
Ms. Basile refused my filing stating I needed a Supreme Court Rule 323(b) letter. Ms. Basile stated the Court Reporters’ office knows you have to have a 323(b) letter to file your transcripts. Ms. Basile informed me there were three ways to file transcripts with her office, that is, stipulation between the parties, court order from a judge, and the 323(b) letter. I informed her I could only avail myself to the letter I informed her I knew of this rule. Ms. Basile informed me she had until January 30, 2006 to have the Record on Appeal ready for submission to the Appellate Court. Ms. Basile stated her office needs the transcripts and the 323(b) letter at least 15 days before the Record on Appeal is due.
On January 9, 2006 I called your office requesting to speak to you on four different occasions. You refused to return my calls. Three of these calls were made between 10:40 am to 11:15 am. I called Mr. Jim Lawless at 312-603-8525. I informed him I needed a 323(b) letter. He told me no one knew I needed a 323(b) letter.
Mr. Lawless informed me the Court Reporters office needed a copy of my “Docketing Statement” filed with the Appellate Court in order to issue a 323(b) letter. I went to the Illinois Appellate Court, which is a block or two down the street, to get a copy of the “Docketing Statement” I filed with that Court. I had a copy when I picked up my transcripts from your office on January 4, 2006. I had a copy because of my reading 323(b) before coming to your office.
On January 9, 2006 at approximately 10:50 am I went to your office requesting the 323(b) letter. I requested to speak to you and Mr. Jim Lawless about this 323(b) letter. Mr. Lawless came to talk to me at approximately 11:25 am. After a lengthy discussion with Mr. Lawless about your office’s responsibility and my need for this 323(b) letter, he informed me I did not have a right to a copy of the letter.
Mr. Lawless informed me opposing counsel would receive the 323(b) letter. Mr. Lawless left me at the window stating he was going to give my “Docketing Statement” to Sandy. I informed Mr. Lawless I wanted a copy of the 323(b) letter in a timely manner.
On January 9, 2006 Ms. Sandy Provenzano called me about 3:00 pm stating she was putting my copy of the 323(b) letter in the mail. Ms. Provenzano stated I would be receiving the “original” copy of the letter. I called and spoke to Ms. Basile of the Civil Appeals Division reporting the call I received from Ms. Provenzano. Ms. Basile informed me I should bring this letter in as soon as possible to avoid the Appellate Court dismissing my record.
Ms. Filishio, your negligence in returning my calls and Mr. Lawless remarks about having knowledge of an appeal in this matter is absurd and outrageous. No one orders transcripts of proceedings, especially a pro se litigant, for the purpose of reading material. Upon my entry into your office area, I requested to speak to you. The clerk (black female) who approached me stated she could not inform you of my request. She had to refer my request to another person (white male) who was sitting at the front desk.
While speaking to Mr. Lawless about his statement of having no knowledge of an appeal in this matter, I suggested he review the messages I left on his voice mail, which he did not respond to in a timely manner back in December of 2005. I informed him I left messages for him on his voice mail looking for the court reporter under his supervision. I informed him in the voice mail I needed the transcripts for an appeal. On January 9, 2006, I informed Mr. Lawless since he has a lapse of memory regarding this issue, he can read about it in the letter I will send to his supervisor, Ms. Filishio.
When I picked up the transcripts on January 4, 2006, I should have had a 323(b) letter attached to them. If I needed additional information for your office to acquire this letter, I should have been given this information. This information should not have been told to me at the time of filing my transcripts with the Civil Appeals Division. Your office personnel, especially your supervisors, should know their responsibilities. Mr. Lawless was totally out of line with me. Your office managers mirror your character and behavior. Your negligence in this matter reflects your office managers’ character and behavior.
The actions complained of this letter and the letter of December 20, 2005 should be investigated by your supervisor, Chief Judge Timothy Evans. I have requested of Mr. Evans an investigation into the activities of your office regarding the matters spoken of in the December 20, 2005 letter, and I will reiterate my request to include the matters spoken of in this letter. I have also requested of Chief Judge Evans an investigation into the letter written to him from one of your previous court reporters, Ms. Michelle Blanks. Ms. Blanks graciously gave me a copy of this letter, giving me permission to publish and post it on my website. I have informed Chief Judge Evans I have possession of this letter. I have also received an “anonymous” statement/response from another court reporter supporting Ms. Blanks statements and allegations on how your office is managed. I have also published and posted this statement on my website.
When you do not return calls from your office, treat people as illustrated in Ms. Blanks letter to Chief Judge Timothy Evans, it displays a character and behavior of veiled agendas. Apparently, you are afraid of openly addressing an issue of negligence and mismanagement within your office. This act alone is outrageous, unbecoming of a supervisor and a discourteous service provided to customers by the Cook County Court Reporters Office under your regime. Apparently, you believe and assume you are above reproach and the law.
This letter will be faxed and a hard copy sent in the mail to Ms. Filishio and Chief Judge Timothy Evans.
Respectfully submitted,
Fred L Nance Jr., ABD, MA, CADC, NCRS
cc: Mr. Timothy Evans, Chief Judge
http://clickforjusticeandequality.blogspot.com/
