)
In re Marriage of:
)
)
Lewis Blumenthal,
) No. 95 D 06150
Petitioner
)
)
and
)
) Judge Timothy C. Evans
Jeanne Blumenthal,
)
Respondent
)
)
)
AFFIDAVIT OF BOB JOHNSON
I, Bob Johnson, certify and state:
1. That I am a resident of Cook County,
2. I am not a party to this action; my affidavit is that from a disinterested party, and therefore I am an objective observer to this litigation.
3. That I have reviewed a portion of the record of the case in Lewis Blumenthal v. Jeanne King Blumenthal, case no. 95-D-06150.
4. That the inspection of the record of this case evidences the clear and irrefutable fact that Judge Timothy C. Evans is without subject-matter jurisdiction in this case.
5. That a divorce proceeding takes place in a court of limited jurisdiction. In all courts of limited jurisdiction, there is no presumption of subject-matter jurisdiction. Subject-matter jurisdiction must appear from the record of the case. State Bank of Lake Zurich v. Thill, 113 Ill.2d 294, 497 N.E.2d 1156 (1986; Wabash Area Development, Inc. v. Ind. Com., 88 Ill.2d 392 (1981); People ex rel. Curtin v. Heizer, 36 Ill.2d 438, 223 N.E.2d 128 (1967); Herb v. Pitcairn, 384 Ill. 237, 241 (1943); Brown v. VanKeuren, 340 Ill. 118, 122 (1930). Inspection of the record of this case provides evidence that subject-matter jurisdiction was never lawfully conferred upon this court.
6. That the appearance of the defendant does not confer subject-matter jurisdiction upon the court; it only confers in personam jurisdiction. At no time has subject-matter jurisdiction been conferred upon this court.
7. That the inspection of the record of this case evidences the fact that Judge Timothy C. Evans has violated the parties' rights to due process and equal protection of the law under the Illinois Constitution and under the U.S. Constitution, as it applies to the State of Illinois through the Fourteenth Amendment of the U.S. Constitution.
8. That until a valid Judgment for Dissolution of Marriage has been granted, all income, by either spouse, whether husband or wife, is marital property.
9. That the interference by Judge Timothy C. Evans in the use by only one of the parties to the common marital income is a definite expression of the judge's bias, prejudice and partiality. Judge Evans has restricted Jeanne King Blumenthal from the use of the marital funds, which belong equally to both Lewis Blumenthal and Jeanne King Blumenthal.
10. That the Illinois legislature, realizing that it is a due process violation to permit one party to the marital funds but restricting the other party from the use of these same funds, deprives the party without funds of the ability to properly appear in court by counsel, and violates the Illinois Constitution, issued the "leveling of the field" statute.
11. That the failure of Judge Evans to facilitate the equal distribution of income during the progress of a dissolution proceeding is a showing of bias, prejudice and partiality. It gives the undeniable appearance of bias, prejudice, and partiality on the part of Judge Evans.
12. That the failure of Judge Evans to follow the law deprived him of subject-matter jurisdiction, Flake v. Pretzel, 381 Ill. 498, 46 N.E.2d 375 (1943); Armstrong v. Obucino, 300 Ill. 140, 143, 133 N.E. 58 (1921), even though subject-matter jurisdiction was never lawfully conferred upon him.
13. That Judge Evans knew that he was without subject-matter jurisdiction and that he deliberately and intentionally orchestrated a scheme, by lawyers, to defraud the marital estate of the Blumenthals.
14. That the failure of Judge Evans to promptly hear one party's motions, while promptly hearing the other party's motion, is evidence of the bias, prejudice, and partiality of Judge Evans. The record of the case provides evidence that Judge Evans has not promptly heard Jeanne King Blumenthal's motions.
15. That the restricting of one party from presenting evidencen to the court, while not restricting the other party to the same extent, is evidence of bias, prejudice and partiality on the part of Judge Evans. Judge Evans has restricted the presentation of evidence by Jeanne King Blumenthal.
16. That the definition for a bribe is:
"Any money, goods, right in action, property, thing of value, or any preferment, advantage, privilege or emolument, or any promise or undertaking to give any, asked, given or accepted, with a corrupt intent to induce or influence action, vote, or opinion of person in any public or official capacity. A gift, not necessarily of pecuniary value, bestowed to influence the conduct of the receiver." Black's Law Dictionary - 6th Edition).17. That I believe that Dr. Selma Evans, wife of Judge Evans, has a pecuniary interest in covering up the abusal nature of Dr. Lewis Blumenthal, and therefore has been bribed, in the sense of the definition of bribe, above, and as such Judge Evans, as a member of the immediate family, has also been bribed.
18. That I believe that Dr. Evans has an interest in the fact that Dr. Lewis Blumenthal is a child abuser and a wife abuser, and that the disclosure of such information to the public would be detrimental to her and to Michael Reese Hospital at which both are employed. Such information, including copies of documents, taken from the record of this case, as well as the connivance of Judge Evans, and Dr. Evans, with each other, or with Dr. Lewis Blumenthal, is now being prepared for publishing on the Internet for the public to see.
19. That an inspection of the record of this case provides many findings by the court, by the DCFS, by the filing of criminal charges against Lewis Blumenthal, and even by the admission by Lewis Blumenthal that he has abused his wife and children.
20. It is well established law in Illinois that:
"no man who has a personal interest in the subject matter of decision in a case may sit in judgment on that case ... such a personal interest need not be pecuniary, it need only be an interest which can be viewed as having a potentially debilitating effect on the impartiality of the decision maker". Easter House v. DCFS, 204 Ill.App.3d 312, 561 N.E.2d 1266 (1st Dist. 1990).21. That I believe that Judge Evans has a personal interest, through his wife, in the outcome of this case. I believe that Judge Evans, under Illinois law, has been disqualified to hear or rule on any motion in this case, from day one of this case.
22. That I believe that the hearings before Judge Evans are a sham, violate Illinois law, and that the proceedings are part of a kangaroo court.
23. That Judge Evans deliberately and intentionally violated his oath of office as a judge under the Illinois Constitution and under the U.S. Constitution.
24. That an inspection of the record of this case presents uncontrovertible evidence that Judge Timothy C. Evans has known of the child abuse and the wife abuse by Dr. Lewis Blumenthal, and has been, and is therefore, personally an "enabler" in such abuse.
25. That the Rules of the Code of Judicial Conduct are Supreme Court Rules, and that Supreme Court Rules are binding upon the court, the judge, and all litigants. Bright v. Dicke, 166 Ill.2d 204, 210, 652 N.E.2d 275, 277-78 (1995); North Avenue Building & Loan Ass'n v. Huber, 286 Ill. 375, 383 (1918).
26. That Judge Evans has a legal duty to report the misconduct of attorneys and other judges engaged in this matter. Supreme Court Rule 63(B)(3).
That Judge Evans has not complied with Supreme Court Rule 63(B)(3), and therefore is in violation of Supreme Court Rules 63(B)(3) and 71.
27. That Judge Timothy C. Evans has filed a misleading and fraudulent "Statement Required of Members of the Judiciary of the State of Illinois", a copy of which is a part of the record of this case. For a period of at least two years, he has deliberately and intentionally filed false and misleading statements in that, at the minimum, he had not included any reference to the income and assets of his wife, a mandatory requirement under the Illinois Code of Judicial Conduct. The Code requires that he include the economic interests of his immediate family (spouse and or children residing with him). Rule 68. Since Judge Evans is required to know the law, and to comply with the law, the public may reasonably conclude that the failure of Judge Evans to include the income of his wife is an attempt to deceive the Courts, and to hide some of the reasons for Judge Evans' bias, prejudice and partiality. Judge Evans has not acted lawfully. Judge Evans should know that any attempt by a lawyer to deceive is fraud, under Illinois law.
Judge Evans has not complied with the law, a violation of Supreme Court Rule and Code of Judicial Conduct Rule 62(A).
28. Since support for the above statements are the record of this case, I incorporate the entire record of this case as a part of, and support for, this affidavit.
29. A judge must be above reproach. Judge Timothy C. Evans is not such a judge. Judge Evans should be disqualified, instanter, in this case, and, further since he never held subject-matter jurisdiction at any time, all orders of this court are void and must be vacated under Illinois law.
30. That the appearance of bias, prejudice, or partiality is more than sufficient to disqualify a judge. Judge Evans has evidenced bias, prejudice, and partiality in this case.
31. That under the facts stated herein, and the evidence provided by the record of this case, Judge Evans should be, and is by law, disqualified from hearing and ruling in this case.
32. That I believe, under law, that all orders issued in this case by Judge Evans were issued under his bias, prejudice, and partiality, and the fact they he did not at any time hold subject-matter jurisdiction. The orders are void and must be vacated.
33. That if called to testify, I would testify to the facts stated herein.
FURTHER AFFIANT SAYETH NAUGHT.
February 16, 1999
_______________________
Bob Johnson
Bob Johnson
P.O. Box 232
Morton Grove, IL 60053
CERTIFICATION
Under penalties as provided by law pursuant
to Section 1-109 of the Code of Civil Procedure, the undersigned certifies
that the statements set forth in this instrument are true and correct,
except as to matters therein stated to be on information and belief and
as to such matters the undersigned certifies as aforesaid that he verily
believes the same to be true.
_______________________
Bob Johnson
Bob Johnson
P.O. Box 232
Morton Grove, IL 60053
Copyright© 1999 by Citizens for Legal Responsibility®. All rights reserved. email: clr@clr.org Return to Judge Timothy C. Evans Page Return to Judges Page
Created February 16, 1999