Should a client be obligated to his attorneys actions, if that attorney does something illegal and unethical? Judge Keven T. Busch of Kane county…says yes!!
On August 26, 2014 an Attorney for a Petitioner in a family case agreed in his client’s absence that his client would:
- Pay $2,000.00 within thirty days.
- Agree to pay a increased amount to be decided at the next court date of September 26, 2014.
- Agree to get another job when client is already employed full-time.
- Agreed to be found in indirect civil contempt and agreed to be incarcerated if all terms aren’t met within 30 days.
All of this was done in the absence of the attorney’s client and without his knowledge. Client fires previous attorney, finds new legal counsel and provides details to new attorney. New attorney is almost in disbelief that such transgressions could occur. New attorney and client follow the law and file their Motion-To-Vacate in the 30 days required by law.
On September 26, 2014 Client appears in open court with his new counsel and opposing parties are present. Petitioner and new attorney present their oral arguments that the order entered on August 26, 2014 with done maliciously, and without Petitioner’s consent or knowledge. Judge Kevin T. Busch responds by saying it doesn’t matter, the Petitioner is bound by his attorney’s actions, because this is a civil case…not a criminal case. Petitioner’s attorney argues that it’s improper for an attorney to unjustly enter into an agreement without the consent and ok of his client and does not give attorney jurisdiction to do so. Judge says “why should I not remand Petitioner into custody for disobeying this order?” Petitioner’s attorney argues that petitioner did not have knowledge, nor did he agree to the order and deserves to have the facts of the case heard. Petitioner’s attorney also argued that an attorney has an obligation to convey recommendations from the Judge at a pre-trial conference and that a pre-trial conference are merely recommendations of the court and the attorneys involved have a moral, ethical and legal obligation to discuss those recommendations with their clients and that did not occur in this case. Petitioner’s attorney offered up proof in the way of correspondents between Petitioner and previous attorney stating Petitioner was unaware of the items in the order and did not understand the order and requested previous attorney contact him to discuss (no contact from attorney was ever made.)
After Petitioner’s attorney attempted to provide Judge with proof that Petitioner was unaware of of the order and did not agree to said order…Judge Busch refused to even view the proof. Judge Busch stated that he would provide Petitioner’s attorney the opportunity to present his argument and short of some good case law proving that Petitioner shouldn’t be bound by his previous attorney’s actions or the previous attorney himself coming in and testifying that he did something illegal, immoral and unethical (not very likely to happen) that Petitioner would be remanded into custody and placed in jail.
Judge Busch was very unprofessional and seemingly one sided and against Petitioner stating “he did not like how Petitioner handled this case” and seemed to be punishing Petitioner for filing his Motion-To-Vacate on the 30th day; which anyone with a inkling of legal knowledge knows that those decisions are made by and through attorneys. Petitioners and Respondents don’t give orders to their attorneys. Almost as if Judge Busch was bias towards Petitioner and while we know Justice is suppose to be blind…theory and practice are two very different things! Judge Busch also in a mocking type gesture ridiculed Petitioners attorney stating “he didn’t understand the question and that he didn’t know what he was talking about” as it pertained to an attorney having an obligation to confer with his clients before entering an order; especially as it pertains to a pre-trial conference and in the absence of client.
Later that day on September 26, 2014 Petitioner’s attorney found case law proving that even in a civil case, especially as it pertains to a pre-trial conference while client is absent; attorney does not have jurisdiction to enter into an order that client is unaware of and or doesn’t agree to
(case law provided.) Westlaw 550 N.E.2d 1220 Page 1
194 Ill.App.3d 248, 550 N.E.2d 1220, 141 Ill.Dec. 174, 5 A.L.R.5th 1060
(Cite as: 194 Ill.App.3d 248, 550 N.E.2d 1220, 141 Ill.Dec. 174)
If your attorney agreed. to have you thrown in jail, agreed for you to pay thousands of dollars you don’t have, in an unreasonable amount of time and agreed you would get a job when you already have a full-time job; should you be forced to adhere to these agreements? Now what if your attorney never discussed these things with you and or you never agreed to them?
Judges are allowed to rule outside the law, change the law, break the law and bend the law as they seem fit; all with 100% complete immunity. Does this seem like a society you want to live in? Well it is a society we all live in. What can we do to about this type of behavior? To start we can oppose an possibility of re-election for any Judge who presides with such indiscretion.
Judge Busch’s term is up in 2016 OPPOSE JUDGE KEVIN T. BUSCH IN 2016 there’s got to be somebody better suited for the job!!!