We find it extremely interesting that Illinois Attorney General Jim Ryan also claimed a conflict of interest in representing Carrie Gammell Ekl in collecting child support payments from her husband, Terry Ekl. Document no. 1; Document no. 2. It is the duty of the State to collect child support payments, yet in this case, both States Attorney Joseph E. Birkett and Illinois Attorney General Jim Ryan placed personal relationship ahead of their legal duties.
Attorney General Jim Ryan has stated that he will "put children and families first" (Chicago Tribune, January 14, 2002, Section 2, pg 1), but in reality he has placed attorney Terry Ekl before Ekl's child and Ekl's wife. As an attorney, Jim Ryan has engaged in an act of fraud.
How does one get their legal rights when both the States Attorney and the Illinois Attorney General find excuses for their failure to support the law?
Why was this not transferred to a Special Assistant Attorney General as Jim Ryan's office stated was to be the intent of his office? Was it to cover up the conflict of interest?
"During the course of these proceedings, this court granted the StateThis was a murder case. Why did the Attorney General not file a legal brief in this case?
numerous extensions of time in which to file its brief. On October 29,
1998, this court granted the State's sixth request, extending the filing
date until December 17, 1998. That order read, "Final extension. This
case will be submitted without the brief of appellee if it is not timely
filed." On December 23, 1998, the State sought leave to file its brief
instanter This court denied the motion and later denied the State's
motions for reconsideration. Thus, we address the defendant's appeal
without a brief from the State."
"It is difficult to believe
that this misrepresentation by the
state, which goes to the
heart of Carr's case on the merits, is
innocent. We shall therefore
issue to the attorney general's office
a rule to show cause why
the authors of the brief should not be
sanctioned for unethical
advocacy. This is especially needful in
light of the repeated
criticisms of this office that we have made
in other cases. See, e.g.,
Acorn v. Edgar, 99 F.3d 261, 262 (7th
Cir. 1996); Cooper v.
Casey, 97 F.3d 914, 918 (7th Cir. 1996)
("the problem of inadequate
representation of the State of Illinois
and its agencies and employees
is an old one to which we have
frequently drawn attention
though as yet without effect"), and
cases cited there; Anderson
v. Romero, 42 F.3d 1121, 1123
(7th Cir. 1994)."
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Created January 27, 2002
Last updated February 15, 2002