Indigent Pro Se
Junior Member
I have an Ordinance Violation case in Dupage County. The case had pending motions when it became clear that a substitution of judges was necessary.
A successful motion for substitution of judges was sent to the Reviewing Judge and denied.
A motion for Reconsideration was timely filed within 30 days of the order. It was not noticed at that time but rather noticed within 60 days.
The original Traffic Court Judge took jurisdiction of the case apparently ignoring the motion staying the Reviewing Judge's Order. It has since ignored Defendant's prior filed motions, Pleadings and found Defendant guilty and held proove up assigning fines to Defendant.
Defendant has refused to participate in the Traffic Court claiming that the Traffic Court Judge does not have jurisdiction due to the timely filed and timely notice motion.
Dupage County Circuit Court Local Rules state in Civil Rules 6.04 (f) “Failure to Call Motion for Hearing: Any party may call a motion for hearing, but the burden for calling a motion for hearing shall be on the movant. Any motion not called for hearing within sixty (60) days of filing may be stricken upon motion, or by the Court without any notice to any party.”
Now granted this being an Ordinance Violation and being heard in the Traffic Division makes it minimally a Quasi-Criminal case. The reason I make this distinction of Quasi is because of the following observation:
The Criminal Rules of the Dupage County Circuit Court Local Rules state the time limits for filing motions and noticing and hearing them but OMIT "OV cases. . .
"30.10 PLACING OF CF, CM, DV, OR TR FILINGS ON THE COURT’S CALL
At the time of filing any motion, pleading or other document in any CF, CM, DV or TR file, the person filing the motion must place the case on the court’s call for a date within 30 days of the date of filing. In the case of motions, pleadings or other documents that are received by the Circuit Clerk by mail and which are filed, the Circuit Clerk shall place the matter on the court’s call within 30 days of the date of filing."
It is believed that the Traffic Court may be including "OV" cases and should not be.
My question is basically if the "OV" Case is not included specifically in the above noted rule I understand that it would fall under the Dupage County Circuit Court Local Rules Civil Rules 6.04 (f) of which I have followed, am I correct? If not what rules would it fall under?
I find no rules anywhere else that would apply to the "OV" case in the Dupage County Circuit Court Local Rules or the Illinois Code of Civil and Criminal Proceedure.
I have written the Chief of the Circuit Court Clerk of Dupage County and he / they will not commit themselves.
There is innuendo that I am asking for legal advice from lower clerks but the Chief Clerkhas not specifically stated so.
I have also addressed anomalies of ethics conduct of one of its supervisiors and they have refused any comments or appologies on that as well and suggested that I take any questions of unlawfulness to the States Attorney.
In effect I am being snubbed. I believe if I should ask the Circuit Clerk to declare what rules they are acting by or under they should declare them.
They refuse to give any policy other than that I have to file a motion to transfer in the Traffic Court and if the Traffic Court has no jurisdiction then I would be participating in that jurisdiction giving it jurisdiction. I have asked them to execute an internal administrative correction and put the case back on the Reviewing Court Judge's calendar and they will not!
I am anticipating addressing the Chief Judge to address this issue.
What do you say and suggest?
Thank You!
Indigent Pro SeWhat is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
A successful motion for substitution of judges was sent to the Reviewing Judge and denied.
A motion for Reconsideration was timely filed within 30 days of the order. It was not noticed at that time but rather noticed within 60 days.
The original Traffic Court Judge took jurisdiction of the case apparently ignoring the motion staying the Reviewing Judge's Order. It has since ignored Defendant's prior filed motions, Pleadings and found Defendant guilty and held proove up assigning fines to Defendant.
Defendant has refused to participate in the Traffic Court claiming that the Traffic Court Judge does not have jurisdiction due to the timely filed and timely notice motion.
Dupage County Circuit Court Local Rules state in Civil Rules 6.04 (f) “Failure to Call Motion for Hearing: Any party may call a motion for hearing, but the burden for calling a motion for hearing shall be on the movant. Any motion not called for hearing within sixty (60) days of filing may be stricken upon motion, or by the Court without any notice to any party.”
Now granted this being an Ordinance Violation and being heard in the Traffic Division makes it minimally a Quasi-Criminal case. The reason I make this distinction of Quasi is because of the following observation:
The Criminal Rules of the Dupage County Circuit Court Local Rules state the time limits for filing motions and noticing and hearing them but OMIT "OV cases. . .
"30.10 PLACING OF CF, CM, DV, OR TR FILINGS ON THE COURT’S CALL
At the time of filing any motion, pleading or other document in any CF, CM, DV or TR file, the person filing the motion must place the case on the court’s call for a date within 30 days of the date of filing. In the case of motions, pleadings or other documents that are received by the Circuit Clerk by mail and which are filed, the Circuit Clerk shall place the matter on the court’s call within 30 days of the date of filing."
It is believed that the Traffic Court may be including "OV" cases and should not be.
My question is basically if the "OV" Case is not included specifically in the above noted rule I understand that it would fall under the Dupage County Circuit Court Local Rules Civil Rules 6.04 (f) of which I have followed, am I correct? If not what rules would it fall under?
I find no rules anywhere else that would apply to the "OV" case in the Dupage County Circuit Court Local Rules or the Illinois Code of Civil and Criminal Proceedure.
I have written the Chief of the Circuit Court Clerk of Dupage County and he / they will not commit themselves.
There is innuendo that I am asking for legal advice from lower clerks but the Chief Clerkhas not specifically stated so.
I have also addressed anomalies of ethics conduct of one of its supervisiors and they have refused any comments or appologies on that as well and suggested that I take any questions of unlawfulness to the States Attorney.
In effect I am being snubbed. I believe if I should ask the Circuit Clerk to declare what rules they are acting by or under they should declare them.
They refuse to give any policy other than that I have to file a motion to transfer in the Traffic Court and if the Traffic Court has no jurisdiction then I would be participating in that jurisdiction giving it jurisdiction. I have asked them to execute an internal administrative correction and put the case back on the Reviewing Court Judge's calendar and they will not!
I am anticipating addressing the Chief Judge to address this issue.
What do you say and suggest?
Thank You!
Indigent Pro SeWhat is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
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