ANTHONY R. MARTIN, J.D.
Adjunct professor of law (Ret.)
Worldwide management consulting
300 Burns Street, Forest Hills, NY 11375-6133
Tel. (347) 960-9593; Fax (866) 214-3210
E-mail: AndyMart20@aol.com
August 15, 2019
Hon. Moshe Jacobius
Presiding Judge – Chancery Division
Room 2403
Daley Center
50 W. Washington Street
Chicago, IL 60602
Re: Martin v. Judicial Sales, 18 CH 11439
REQUEST FOR INVESTIGATION AND TEMPORARY JUDGE
Dear Presiding Judge Jacobius:
On January 8th I tried to leave a set of courtesy copies for Judge Loftus. Her courtroom was locked. I came to your courtroom where several staff were sitting. I asked a lady if she could help me and she could not have been nicer. She said, “I’ll take it right over.” The 9 x 12 envelope had Judge Loftus’ name on it.
The next day Judge Loftus said she had never seen the papers although, curiously, she said they were “improper.” In February she repeated the claim she had not seen them.
I do not believe Judge Loftus is telling the truth.
For a judge to misrepresent the facts is disqualifying behavior.
I filed a petition for substitution of judge for cause; there were complaints from opposing counsel that my petition was not in the proper form. Earlier this week I filed a second petition for substitution of judge, with the original defect presumably remedied. The original petition was unfortunately denied.
I want to stress that I filed both the original petition and the second petition with the utmost seriousness. In forty-eight (48) years of litigating in the Daley Center I have never seen a more hostile unprovoked judge than Loftus, although Judge C. K. Moreland comes close. My behavior in court has always been completely professional and Judge Loftus behaves as she does without any provocation. She does not even pretend to conceal her hostility or bias.
I am especially concerned by the naked hostility Judges Loftus and Moreland exhibit towards the Americans with Disabilities Act (“ADA”). While in Viet-Nam I was exposed to Agent Orange and I suffer form what is called a combination of conditions known as Agent Orange Syndrome. I am being treated at hospitals in Chicago and New York. Both Judges have made a joke of the ADA, as though the federal law does not exist or apply to them. It is shockingly callous behavior towards someone who is partially disabled because of exposure to a lethal chemical in wartime.
I intend to try to see that Loftus is disciplined by the Courts Commission. All of this brings delay. I am going to file a petition for cause against Judge Moreland. No litigant suffering from a life-threatening illness should be abused by the way these two judges have treated me.
I would respectfully request that you assign the second petition for substitution for cause at your earliest opportunity and that you consider assigning a temporary judge so that my motion for leave to file a first amended complaint can be heard by someone other than Judge Loftus while the accusations against her are being considered.
Respectfully submitted,
Anthony R. Martin
AM:sp
ANTHONY R. MARTIN, J.D.
Adjunct Professor of Law (Retired)
National Litigation Center
300 Burns Street, Forest Hills, NY 11375-6133
Tel. (347) 960-9593; Fax: (866) 214-3210
E-mail: AndyMart20@aol.com
Web sites (partial list):
http://www.NewYorkForeclosureFraud.com
November 2, 2019
Kathryn Peninger
Law Clerk
Division Attorney
Chancery Division
Suite 2403
50 W. Washington Street
Chicago, IL 60602
Dear Ms. Peninger:
I apologize for not responding to your letter of August 19th sooner. I am a partially disabled veteran and I am slower to answer than I would like. I have attached a copy of your letter for ease of reference.
I do not want this to be an unpleasant letter but you have no idea what “ex parte” means and thus your letter has no legal substance.
In my original letter to Judge Jacobius I set forth the facts. I tried to deliver a package of filings to Judge Loftus, and a lady in Judge Jacobius’ courtroom very courteously agreed to get them there right away because Loftus’ courtroom was locked.
The following day, Loftus denied she ever received the envelope, though she manifested familiarity with the contents.
Please allow me to give you a lesson in the law.
1. What is ex parte contact?
Ex parte contact is contact directed at a judge concerning the merits of a lawsuit. Judges and lawyers are in contact every day about the status of cases, setting hearings, etc. None of that is ex parte. In order to be ex parte, the contact has to be (a) directed at the decisionmaker and (2) related to the merits of a case or the merits of a contested matter, e.g. pending motions.
2. Administrative actions are not ex parte matters
Judge Jacobius is an administrative judge for the Chancery Division. Nothing he does in an administrative capacity is ex parte, cf. Forrester v. White, 484 U. S. 219, 108 S. Ct. 538 (1988)(administrative actions not entitled to judicial immunity).
I came into Judge Jacobius courtroom looking for a way to deliver an envelope to Judge Loftus. My action was not even remotely adjudicatory; in fact, it was a classic administrative request. Judge Loftus either lied when she denied receiving the envelope, or Judge Jacobius’ employee never delivered it. I believe the envelope was delivered and was seeking confirmation of that fact.
Thus, my letter seeking confirmation of what happened to my letter was not even arguably or remotely related to ex parte contact. I contacted Judge Jacobius in his administrative capacity and he is not assigned to the case. As a matter of law, therefore, it is an impossibility for such an inquiry to be ex parte.
I would therefore renew the request to Judge Jacobius in my original letter of August 15, 2019 so we can get to the bottom of Judge Loftus’ misconduct.
I am planning to file two (2) complaints with the Judicial Inquiry Board as I open a campaign to rid the Daley Center of the corruption creeping back in after the Operation Greylord matter which I helped initiate, see my biography (attached).
I do not know what motivates Judge Loftus to act in a belligerent and corrupt manner, but I do not intend to allow her misconduct to be ignored because her behavior defiles the administration of justice.
Respectfully submitted,
Anthony R. Martin
ARM:sp
W/encl.
Peninger letter of August 19, 2019
ARM biography
c jl c: Counsel of record
Campaign Against Corruption in Illinois federal/state courts 