Who is Clarence Earl Gideon and where are the constitutional rights of Illinois citizens today?
Posted on September 5, 2014
Who is Clarence Earl Gideon? And how do people like him do it?
So today I am watching a Netflix I have to highly recommend to you all out there.
Gideon’s Army. I give it 10 starts out of 5, that’s how good it is.
Significance (for those of you that hated the “underlying” hidden themes of literature and religion and society and didn’t get into this). First of all Mr. Gideon started it all with respect to public defenders. He was arrested for stealing a few bucks and a soda and maybe a couple of beers at a pool hall in Florida. Sentenced to jail FOR 5 YEARS, he argued successfully to the US Supreme Court that an attorney is the essential basis to the US justice system and without one the US constitution means nothing.
Out of the thousands of petitions submitted to the US Supreme Court each year, only a handful (100 to 200) get relief/review.
Mr. Gideon studied a bit of law in prison and determined that under the 14th amendment, as a drifter and someone who had no attorney, that in fact, he had no equal protection under the law.
Of course, as soon as the Writ of Certioari to SCOTUS was granted he was able to attract an attorney.
The biblical story, for which the drifter without a mother and many, many hard times was named after (for those of you not aSunday School teacher) was that Gideon wanted to have freedom of religion for his people, the Jews. They had been recently oppressed. Gideon assembled an army of about 30,000 men. He prayed. God/dess said, no, that was too many, only take the most faithful and those without fear. So somehow, an ancient survey was taken without benefit of PolDaddy and the internet, and that left 10,000. He prayed and God/dess said, nope too many. The next instructions were, take the 10,00 down to the river, tell them to drink of the river and those who “lapped the water like a dog” (I guess prostrate), vs. those who lifted hand to mouth would determine the army, and that left only 300. So the 300 went out with just a shofar (horn of an animal that makes a loud sound) and torches hidden in clay jars. Apparently the 300 shofars and torches did the trick and the enemy simply ran away with no apparent deaths. I’m not sure how that pans out today in terms of war mongers utilizing drones and white phosphorus on mostly women and children, but I digress.
Getting back to Mr. Gideon and his modern army, about 12,000 public defenders handle millions of cases per year. Scary.
The movie is wonderful.
But in a way, it explains what happened to Gloria Sept 4, 2014. As you will recall, when she tried to take her dog to a deposition at the ARDC, they gave her hell. That was Sharon Opryszek who does not believe in the ADA or Americans with Disabilities Act. After Gloria was banned at my trial for not turning over 12,000 emails over 4 years (an impossible, hurtful task I would not put her thru), Sharon Opryszek’s witnesses (Judge Stuart who changed her testimony on the stand, Cynthia Farenga, with a husband with 120 property transactions and a super jumbo mortgage and Adam Stern with a $60,000 tax lien and of course Peter Schmeidel with his testimony 90% of which said “I care about Mary” but never saw her in 4 years but billed her estate over $200,000–and apparently has or will collect), on Sept 4 2014 Gloria was told by Judge Aicha MacCarthy “dear, there is no ADA, you are mistaken” and banned Gloria’s therapy dog from court.
Here is the order:
They got Adam Stern to write it up. He must be the scapegoat of the day. Good going.
Now as I believe I previously reported on this blog, Judge MacCarthy is the sameole sameole. I asked her to use my laptop in court because I do have arthritis in my hands and using a pen is harder for me. Shockingly, despite the ADA, she said, hire someone else to write for you! I argued that as an attorney that only handles mostly pro bono cases, I can’t afford that and that is not the law regardless. She was not interested. She looked primarily bored with an ADA argument.
Same ole, same ole.
Good going.
It’s official now. The ADA does not exist in court room 1804 for Judge MacCarthy nor before the ARDC.
Leave that one at the door.
Mr. Gideon handwrote a 5 page petition to the US Supreme Court which change history forever in 1961.
Gloria Sykes is still yelling, screaming and kicking to get it off paper and put it into the mouths and decisions of the judges. Like Rosa Parks, she and Shaggy are still being directed to the back of the bus. There is no front of the bus for probate victims and their family members. It’s isolation, exclusion, being told to shut up in court, and being told don’t bring your therapy animal after we’ve pounded your soul into the ground over 5 years without jurisdiction.
Did anyone tell Judge MacCarthy that this case has no jurisdiction? I wonder. how did she get this case, the sykes case, is she also a designated scape goat like AS?
Ken and I are still on the outs, with the ARDC firmly saying no Illinois attorney is supposed to talk about corruption and damned be the first Amendment for Attorneys. They like and want the “code of silence” regarding corruption.
Ken’s Petition is up at the US Supreme Court now. I don’t know if any of the 9 or their law clerks have heard of Ken Ditkowsky or my humble blog (which I admit isn’t perfect, but then again who is, Mr. Gideon certainly wasn’t), but we keep on hoping and praying and just helping everyone we can– pay or not.
If you have a chance, watch the Netflix Movie Gideon’s Army and also make a donation to your local Public Defender that works like a dog, lives on crumbs, and yet serves the poor of the poor the hopeless and the forgotten, those without a voice.
I pray, like in the movie, every day I have money to buy gas to get to court, to try to pay rent and salaries. My landlord is Simon LeGree and cashes my check spot on, wether I put it for the 5th of the month or not.
So please, give us all a break. I deal with PTLD every day in many, many ways from the clients that contact me and depend upon me. I don’t ask for money up front when a case is just and injustice was severe–ie constitutional in nature. I don’t think neither did Ken, but he survived.
And let’s give a huge thanks to Clarence Earl Gideon and his famous 1961 decision that has saved the US from many a mighty injustice.
And while you think that my constitutional troubles have not ended Ken’s and my appeal is now up at the 7th circuit on constitutional grounds.
From arguing the first amendment to the Sheriff Dart’s deputies, my ID was taken away.
So, here are the documents that prove it–do NOT ARGUE the constitution to Sheriff Dart or his employees, they do not know of it, they passed 6th grade constitution test without knowing this, and that must be how he hires them:
But remember I do it for YOU. I and Ken and Mr. Amu are the lawyers brave enough to speak our truths like Sarah Barrielles sings about.
I don’t care I don’t have a “special ID”. I’d rather wear the badge of honor that I spoke up for the common woman and man out there, at peril to my law license, at peril to my “special” Sheriff Dart ID. I lost my ID because I was speaking up for the Sykes case, a 95 year old woman and this blog who lost hers and her younger daughter's $350,000 to court appointed attorneys fees. That’s a badge of honor.
At least I can publish this and let you know DO NOT REELECT SHERIFF DART, HE DOESN’T BELIEVE IN THE 7TH CIRCUIT DECISIONS OR THE FIRST AMENDMENT or what we grew up to believe was an open, free and democratic court system.
Maybe he will apologize to me, maybe not. I will publish the apology. But I don’t get how he would do this and not ask the specific question of I ARGUED WITH THE DEPUTIES, BUT DID I ARGUE MY FIRST AMENDMENT RIGHTS? Am I and the First Amendment nothing to him?
JoAnne
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