February 17, 2006

January 18, 2006 - Do Illinois Courts in Cook County uphold established law? Are they supervised and monitored?

January 18, 2006

Governor Rod Blagojevich
Honorable Chief Judge Timothy Evans
Honorable Presiding Judge Henry Budzinski

Do Illinois Courts in Cook County uphold established law? Are they supervised and monitored?

In the Estate of Romeo Ashford (Case No. 00 P 1267), I filed a motion today January 18, 2006 objecting to opposing counsel, Margaret Benson, filing a proposed Bystander’s Report of Proceedings in this matter and objecting to my proposed Bystander’s Report of Proceedings. Everything contained in this writing is public knowledge. This case is in front of Judge Kathleen McGury in room 1806 at the Richard J. Daley Center in Chicago Illinois. On January 10, 2006 Margaret Benson filed a proposed Bystander’s Report of Proceedings. In addition, Margaret Benson filed an objection to my Bystander’s Report of Proceedings.

I, Fred Nance Jr., am the petitioner in this matter. On November 2, 2005 Judge James Riley made a final decision in this matter. I filed a notice of appeal on November 28, 2005 in this matter. On December 6, 2005 I filed a Bystander’s Report of Proceedings. On December 7, 2005, I certified I served this Bystander’s Report of Proceedings to Michael Bergmann and Theresa Ceko. Attorney Michael Bergmann works for Chicago Volunteer Legal Services Foundation, which Margaret Benson is the Executive Director. Attorney Theresa Ceko works for Loyola University Community Law Center. These attorneys are litigating this matter against me. Illinois Supreme Court Rule 323(c), states, in part, “…Within 14 days after service of the proposed report of proceedings, any other party may serve proposed amendments or an alternative proposed report of proceedings.” Ms. Benson’s proposed Bystander’s Report of Proceedings and objection has no validity.

Judge Kathleen McGury decided on January 10, 2006 to cancel my court date of January 20, 2006 for the hearing to January 25, 2006 at the request of a motion submitted by Margaret Benson, who sent me a copy of the motion without a signature or time/date stamp from the court. This may be a violation of Illinois Supreme Court Rule 137, which states in part, “Every pleading, motion and other paper of a party represented by an attorney shall be signed by at least one attorney of record in his individual name, whose address shall be stated….If a pleading, motion, or other paper is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the pleader or movant.”

I guess we will see what decision Judge McGury makes on January 25, 2006 at 11:00 am in room 1806. This writing is protected by the 1st Amendment of our United States Constitution, if we follow its laws. Everything contained in this writing is in my motion filed on January 18, 2006 at the Daley Center, where I personally delivered a courtesy copy to Judge McGury’s courtroom, and mailed individual copies to Attorneys Theresa Ceko and Michael Bergmann (to the attention of Margaret Benson).

The Record on Appeal is due on January 30, 2006. I filed for an extension of time on January 18, 2006 due to this quandary of indifferent treatment toward me.

I am very adamant about fighting injustices within the Illinois Judicial System. The judicial system in Illinois runs rampant with injustices and inequalities because the Justices legislate from the bench. The issue presented below demonstrates this allegation.

I am so reminded of the mistreatment and inequalities in Judge Paul Foxgrover’s courtroom. Judge Foxgrover convicted me and stole my money. Foxgrover was caught up in Operation Greylord in the mid-80’s (for more information on Foxgrover, go to http://www.ipsn.org/foxg.html). Foxgrover was sentenced to 6 years on July 14, 1992.

I began my sentence in the Illinois Department of Corrections (IDOC) at Vandalia, Illinois in August of 1992. When I heard about Foxgrover in Vandalia, I attempted to fight this conviction from the Vandalia Correctional Center. My attempt was foiled by a civilian prison property clerk. The clerk whose family is connected in the prison system misdirected my paperwork when I was going to court. Subsequently, all my evidence was lost. I filed a Federal lawsuit for being denied access to court. See Fred Nance Jr. v. J.D. Vieregge, et al. (7th Cir. 1998). This case was decided on June 17, 1998. I was released from IDOC on December 20, 1994. The Honorable Judge Bertina Lampkin finally listened to my legal argument in December of 1994 stating she was releasing me to spend Christmas with my daughter, Randi Nance. My wife of 16 years, Judy Nance, was murdered on July 5, 1993, while I was incarcerated (see Chicago Tribune newspaper for July 5, 1993). Randi found the body. Randi was 9 years old. I was a single parent when I returned home. Randi is now a 3rd year student at Southern Illinois University. She is a Criminal Justice major. Her mother’s murderer was never found. Randi still has issues of loss.

The mistreatment and inequality of the judicial system began my fight against injustices against the socially disenfranchised and disadvantaged. I began learning my litigating techniques from this experience. The rest is history.

I will not let up, shut up, until I have stayed up and stored up for the cause of equal justice for all. This is why I ask the “hard” questions of the Honorable Chief Judge Timothy Evans and the Honorable Governor Rod Blagojevich. Who else is going to fight for the disadvantaged and disenfranchised? It is hard, but it is worth it to win just one battle.

cc: Honorable Governor Rod Blagojevich
Honorable Chief Judge Timothy Evans
Honorable Presiding Judge Henry Budzinski
Posted and Published at http://clickforjusticeandequality.blogspot.com/

A fax copy of this writing will be sent to the above.