The Voice: “Doesn’t It? Doesn’t It?”
The illinois Administrator has filed a complaint alleging misconduct toward a judge.
The complaint contends that after losing an oral motion
After Judge Ward-Kirby granted the motion to toll, Respondent spoke in a shouting and forceful voice, began gesturing with his hands, told the Judge that her ruling was outrageous, abruptly leaned over the bench, and demanded that the Judge review a section of the tax code. The Judge told Respondent that she was ruling on the motions, but that Respondent could file whatever he wished in the matter.
Within an hour of the Judge’s ruling granting the motion to toll, Respondent went to the office of the Acting Presiding Judge, Alfred Paul, where he complained of Judge Ward-Kirby’s actions. After listening to Respondent’s criticisms of Judge Ward-Kirby, Judge Paul determined to take no action.
On July 12, 2016, Respondent filed a document entitled “verified motion to secure a voice before the bar of justice” (“verified motion”) criticizing Judge Ward-Kirby’s July 5, 2016 ruling. The verified motion accused Judge Ward-Kirby of violating the Code of Judicial Conduct, Rules 61 through 63. Specifically, Respondent accused Judge Ward-Kirby of violating Rule 61, Canon 1, (“A Judge Should Uphold the Integrity and Independence of the Judiciary”), Rule 62, Canon 2, (“A Judge Should Avoid Impropriety and the Appearance of Impropriety in All of the Judge’s Activities”), and Rule 63, Canon 3, (“A Judge Should Perform the Duties of Judicial Office Impartially and Diligently.”) A hearing on the Respondent’s verified motion was set for July 22, 2016.
Among other things, the verified motion criticized Judge Ward-Kirby for willfully and wrongly denying Respondent an opportunity to argue against petitioner’s motion to toll on July 5, 2016. Respondent’s verified motion included the following questions directed to Judge Ward-Kirby:
a. “Filing an appearance in a legal proceeding has some meaning, doesn’t it? Doesn’t it?”
b. “An interested party in a tax deed proceeding has a right to be heard, doesn’t he? Doesn’t he?”
c. “A tax deed petitioner must comply with the Property Tax Code, mustn’t he? Mustn’t he?”
d. “A duly licensed attorney in good standing has a right to competently advocate for his client before the Bar of Justice – and thereby make a living – doesn’t he? Doesn’t he?”
e. “The backbone of our legal system is a fair and impartial judiciary, isn’t it? Isn’t it?”
f. “There are rules, protocol and codes of conduct for all parties to a legal proceeding in the State of Illinois, aren’t there? Aren’t there?”
g. “And all people who appear before the Bar of Justice in “good faith” have a right to be treated with dignity and respect, don’t they? Don’t they?”
When Respondent filed the verified motion, he knew or should have known that the relief he sought, a “voice before the bar of justice” was frivolous because he had already been afforded an opportunity to be heard in court. Respondent also knew or should have known that the verified motion would unnecessarily prolong the proceeding and disparage the court and its process.
On July 22, 2016, the Respondent appeared in court and addressed Judge Ward-Kirby in support of the verified motion, during which time he repeatedly shouted at, loudly argued with and interrupted the Judge. Judge Ward-Kirby repeatedly admonished Respondent to lower his voice, but Respondent did not do so. At the conclusion of Respondent’s argument, Judge Ward-Kirby denied Respondent’s verified motion seeking to secure a “voice before the bar of justice,” and vacate the order of July 5, 2016.
Since Respondent’s initial appearance in case number 15COTD1618, Respondent has complained of Judge Ward-Kirby’s rulings on at least three occasions to both Acting Presiding Judge Alfred Paul and Presiding Judge Sharon Sullivan. Although Judge Sullivan told Respondent that the case was pending before Judge Ward-Kirby and if he disagreed with the Judge’s decisions, he could file an appeal. Despite Judge Sullivan’s direction, Respondent continued to provide copies of his pleadings to Judge Sullivan.
(Mike Frisch)