In re:                               Bankruptcy No. 93-07643

Eugene Walter Alpern                 Chapter 11

                                     Judge Thomas James

    SHIRLEY M. SITRICK, being duly sworn, states as follows:

    1.    My name is Shirley M. Sitrick. I am submitting this affidavit in support of the Debtor's "MOTION TO DISQUALIFY JUDGE JAMES FOR HIS PERSONAL PREJUDICE AND BIAS AGAINST THIS DEBTOR PURSUANT TO 28 U.S.C. §§144, 455" and the Debtor's "MOTION TO RECONSIDER THIS COURT'S ORDERS OF DECEMBER 20, 1993 AND TO VACATE ALL ORDERS OF THAT DATE". I observed the proceeding in the above mentioned case and can attest to the following:

    2.    I was a visitor to the court hearing on December 20, 1993 in the above titled cause, before Judge James, of the Federal Court Bankruptcy Division.

    3.    I am not a party to this case, nor am I a relative to any party in this matter, nor an employer of any party, nor an employee of any party to this case.

    4.    Relative to this case, I am a detached and reasonable observer of the actions in that court of that date.

    5.    Judge James actions towards the Debtor gave the appearance of prejudice against the Debtor.

    6.    Judge James gave the appearance of partiality towards the opposing attorney.

    7.    Judge James acted with prejudice against the Debtor.

    8.    Judge James acted with partiality towards the opposing attorney.

    9.    Judge James did not allow Mr. Alpern to present his Exhibits to the Court.

    10.    The Creditors' Exhibits appeared to be not exactly matched in thickness or correspond to the Exhibits that Judge James allowed the Attorney to present to Court. These Exhibits appeared not the exact same Exhibits the Attorney had given Mr. Alpern. Mr. Alpern objected, but the Judge ignored his objections and accepted the Exhibits anyway.

    11.    Mr. Alpern continually objected because there was confusion on mislabeling of the Exhibits too. This created confusion for the Judge as well.

    12.    Judge James did not extend the same manner of courtesy toward Mr. Alpern that he used toward the Attorney. Judge James did not behave in a fair manner of courtesy or demeanor toward Mr. Alpern.

    13.    Judge James was rude, at times hassling Mr. Alpern. This behavior was reserved by Judge James only to the Debtor and the Judge did not use the same type of interaction with the Attorney.

    14.    Judge James was prejudiced in trying to belittle and to shame Mr. Alpern with the Judge's verbal comments, including the comment, "Have you no shame?".

    15.    Judge James did not conduct himself as a Judge should conduct himself, while ruling over the proceedings of that day. He did not act in the dignified manner that is required of a Judge.

    16.    Judge James did not seem to give much time, thought, or consideration to the making of his decisions in this case. It appeared to me that Judge James had already decided the case before the hearing. It appeared to me that he had a `closed' mind.

    17.    Judge James ruled against Mr. Alpern and then, again without time, thought, or consideration, changed the Chapter 11 to a Chapter 7 and immediately closed the proceedings without allowing Mr. Alpern any further defense.

    18.    If called as a witness, I could competently testify to the foregoing.

                               _____________________________
                               Shirley M. Sitrick
                               P.O. Box 152
                               Highwood, IL 60040

Subscribed and sworn to
this 7th day of January, 1994.
 
 

______________________________ Notary Public

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    Originally created January 7, 1994