Kane County Judge argues clients are bound by attorney’s actions in civil court…NO EXCEPTIONS!

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:

  1. Pay $2,000.00 within thirty days.
  2. Agree to pay a increased amount to be decided at the next court date of September 26, 2014.
  3. Agree to get another job when client is already employed full-time.
  4. 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!!!

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Kane County Judge denies taxpayer Due Process

Are Judges given to much freedom without consequences for their actions? Haven’t we seen the damage giving branches of the Government immunity by the rise of American death and corruption from Law Enforcement Officers?

At what point do we look to our State Representatives and other elected officials to ensure justice is being served and not allowing anyone in any branch to have complete immunity for their actions and decisions? The only way this will change is by holding our elected officials accountable during election time.

On 09/26/2014 I witnessed Kane County Judge Busch deny a working, tax paying citizen their Due-Process.

Their was an order entered between Petitioner and Respondent where Petitioner’s attorney illegally and unethically entered an order forcing Petitioner to pay $2,000.00 within 30 days, it also forced Petitioner to keep a job search log, as well as agree to be found in indirect civil contempt and agree to be incarcerated if all terms were not met within 30 days. Here’s the illegal and unethical part; Petitioner was not present, had not knowledge and had proof that he was unaware his previous attorney had entered this order obligating him to these things.

Petitioner through his new attorney filed a Motion to Vacate the previous order within the 30 days required by law. Petitioner’s attorney attempted to enter evidence proving Petitioner had no knowledge of the order but Judge Busch refused to even view the evidence and continued the matter for four-days later; admonishing the Petitioner harshly that he would put Petitioner in jail if the terms of the Order were not fulfilled within four-days.

Due- Process by definition is: fair treatment through the normal judicial system, especially as a citizen’s entitlement.

If a Party has followed the law as is required, and a Judge goes outside the law stating his own conjecture imprisons a working, tax paying citizen…is that Due-Process?

  1. Is this acceptable to us as a society?
  2. Are we ok giving anyone, much less a Judge with the powers to imprison Immunity for such discretion?
  3. Just as the Police that feel they have complete immunity to violate rights and take the lives of others…is this safe?
  4. What if anything can be done to stop these Judges from violating American’s rights as if they were terrorists at Guantanamo Bay Cuba?

We must demand more from our State Representatives and other elected officials.

The following is what happens when someone is allowed complete immunity from prosecution and they feel their every move is above reproach:

Judge arrested for beating his wife

Judge arrested for assaulting deputy

Judge arrested for using Heroin

Cook County Judge fired for Battery

Now stop and think…”these are just a few of the ones that couldn’t control themselves and got caught.” Being that you can’t record a Judge, they have the power to tell a court reporter to stop recording and they aren’t being video recorded…”what about the ones that haven’t been caught yet?

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Surviving Kane County Courts

ONE JUDGE, TWO JUDGE, THREE JUDGE…FOUR

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“My beautiful son was born February 24, 2010. My family and I were not allowed to even lay eyes on my son until he was sixteen months of age.”

We filed a motion for visitation in the Sixteenth Judicial District Court Of Kane County; and the journey begins…”JUDGE ONE”

 

The mother of my son denied paternity, so our visitation motion was put aside until paternity could be established. Mother wouldn’t agree to paternity, another court date was necessary to have an order entered forcing Mother to provide child for paternity test. PATERNITY ESTABLISHED…99.99% he’s mine :~D

Now back to setting up visitation, Judge Morrow deemed it necessary to delay this process for four more months, but was certain to establish child support immediately. FINALLY visitation hearing date is here, “today is my day.” Or so I thought, Judge Morrow granted not one but two more continuances. Then after the continuances, opposing counsel comes in and requests a “GAL” of which he also requested “Sharon O’hara”, Judge Morrow quickly interjected and demanded “YOU DON’T DECIDE WHO IS THE GAL…I DO, but Sharon Ohara sounds fine.” WTF? This went on for a looong time.

Judge 2…Janes…this guy was even worse. Oh yea, I’m not sure why the Judge transferred our case, after months and months he realized it was in the wrong court room and should be handled by Judge Janes. Every time we would enter the court room of Honrable Judge Janes, he would take stock of how many people were in the room, most likely dreading the day before him. We filed a motion for visitation again after the GAL report and opposing counsel suggested severely supervised visitation due to the GAL report making reference to Mother’s claims that father harassed her via “electronic communication.” That’s write, your eyes aren’t deceiving you…”harassment via electronic communication.” Yea…it’s a real thing! Not physical abuse, not threatening her, literally “HVEC.” Judge Janes agreed. So the first time we got to meat  that cute little guy was at the Kane County Family Center. This went on for a couple months, we go to our next court date and request normal visitation. Opposing counsel argues that the “harassment via electronic communication” that allegedly occurred, three years prior is still of grave concern and supervised visitation is still warranted. Judge Janes agrees but now, he’s forcing us to visit my son inside the Spring Hill Mall of West Dundee for four hours every Saturday and a couple hours on Wednesday at the local Chuck E. Cheese with a family member doing the “supervising.”  At this point, we’re so excited to we think it’ s only for the time being. This schedule quickly wears old. My wonderful son is such a joy to be around and so full of energy but there is only so many times you can go to Super Bounce inside the mall before you start losing your mind!

Judge 3…I don’t even recall his name. After wasting a few months time, the courts,Judges, who ever decided that this case was not suppose to be in this court room so further delays ensue.

Judge 4…Busch.

Now at this point I’ve been through five, yes five attorneys and I’m on my sixth and his name is Jon Fox of Oldfield Fox. I explain the story to Jon just as I did his five predecessors. I told him that the Judges don’t take time on the case, they always rush it through the call, every single attorney prior to him has done pre-trial conferences/ 402 conferences against my wishes and every time they return from the Judge’s chambers they screw me over ( I will name the attorneys I went through at the end of this report.) Jon assures me that he will not allow things to continue the way they are. Jon was a referral from a friend and at this point I’m a bit wiser than I was the lawyer before. So I started figuring out that attorneys that work within the county of your case don’t like to cause waves with Judges and other attorneys, therefore how can they possible represent you with any competence? If a situation is not right and it requires correcting, an attorney is suppose to be bound by law to do that…WELL THIS IS REALITY AND REALITY AND LAW ARE NOT ONE IN THE SAME! I told Jon that I’ve raised my daughter on my own since she has been 1yr old when her mother passed from Cancer. Jon typed up his motions and arguments and sent them to me for approval. I was blown away, he was the first of all the attorneys to use case law, even mention my daughter and recommended having a court reporter present at our hearing date. I was getting excited about the new found legal help, but my excitement was curbed by my having been here before, only to have been let down by our system and the Judges within it. His pleadings “DEMANDED” immediate correction of visitation to be unrestricted or that they provide evidence that I’m a danger to my child. He sited the Judge and opposing counsel were breaking the law. So my day in court comes and what would you know…DING, DING, DING no more restricted visitation and now Judge Busch seems to be actually following the law and give unrestricted visitation.

 

Since my getting unrestricted visitation Judge Busch has allowed opposing counsel/ Mother to file five Rules to Show Cause alleging that child support has not been paid and asking that I be incarcerated immediately. At every single court hearing, myself or my counsel would present to the other side that their allegations are frivolous and baseless and every single one was withdrawn. Judge Busch did has not done a single thing to prevent them from this harassing behavior.

On 04/22/2014 a hearing was held on Mother’s motion for sanctions because my son told my family that his mother’s husband of less than a month “showers” with him and “touches his wiener.” All of which were later confirmed by a Forensic Interview performed at the Child Advocacy Center at the request of DCFS. Judge Busch was made aware of Detective Mcintyre from the Schaumburg Police Department lying under oath and informed that proof in the way of a Court Report, Police Report and Audio recordings were present for him to review so that his decision in the Sanctions case before him would be in my favor. Judge Busch dumbfounded by this evidence made an excuse not to want it and ignored my attempt to present it as evidence, but instructed me to take it to the State’s attorney and hire a lawyer. How do we as voters and tax payers allow this? Do people even know that Judges are voting for?

The courts are allowing Mother to harass, get more and more money and interfere with visitation and not doing anything about it.

 

~Anonymous.